The High Court awarded a Garda €45,916.43 in compensation for a right-hand injury sustained during a struggle with a prisoner at Kilkenny Garda Station in August 2008. The award comprised €30,000 for pain and suffering to date, €15,000 for future pain and suffering, and €916.43 in agreed pecuniary losses.
The judgment, delivered by Mr Justice Bernard J. Barton on 21 July 2015, concerned an application under the Garda Síochána (Compensation) Acts 1941 and 1945. The Garda had been authorised by the Minister for Public Expenditure and Reform to bring proceedings. The judgment does not identify the prisoner.
The court heard that the prisoner, who had been arrested on suspicion of offences including unlawful taking of a motor vehicle and dangerous driving, tried to escape. The Garda restrained him, and they fell heavily during the ensuing struggle. The Garda injured his right hand. X-rays and a bone scan found no fracture, but he wore a cast and then a splint for about six weeks.
The acute pain and bruising subsided, but the court found that permanent effects remained: visible swelling over the back of the hand, discolouration, discomfort in cold weather and pain or cramping during prolonged gripping or twisting. The judge accepted medical evidence that these symptoms were likely to continue, but were not vocationally disabling. He also accepted that the injury was unlikely to cause premature arthritis.
The judgment addressed how compensation for personal injury should be assessed under the Acts. Justice Barton concluded that compensation for pain and suffering should be assessed on the same basis as general damages for pain and suffering in a personal injury action. He said the Acts do not require the court to use the Book of Quantum, though there is no prohibition on referring to it.
The court ordered the stated sums, including the €916.43 agreed by the parties for pecuniary losses. The judgment does not set out a separate award for lost earnings or medical expenses.