The High Court awarded a Garda €100,000 in general compensation after finding that a prolonged assault in 2005 substantially aggravated pre-existing degenerative changes in his back and contributed to his retirement. It also allowed specified past and future earnings claims and medical and travel expenses. The judge said the form of the final order remained to be discussed with counsel.
The judgment, delivered by Mr Justice Bernard J. Barton on 4 August 2016, concerns an assault on the applicant while he was on duty with another Garda near Owenabue Car Park in Carrigaline, County Cork. The assailant, identified in the judgment only as “DOD”, resisted arrest and struck the applicant before throwing him against a patrol car and to the ground. The court said three other officers were needed to bring the assailant under control. He later pleaded guilty to public order offences.
The applicant had injured his back in a 2003 road traffic accident but the court accepted that he had fully recovered before the 2005 assault. Medical evidence showed the assault caused soft tissue injuries and aggravated degenerative changes, which progressed more rapidly than would otherwise have been expected. The judge also found that the applicant developed an adjustment disorder and that the combined physical and psychological effects substantially led to his reluctant retirement in November 2011.
The applicant had applied for a special Garda pension. In March 2012, the Department of Justice advised that his application was refused, relying on the Chief Medical Officer’s view that he was fit for restricted duties. The compensation judgment did not reverse that pension decision; it assessed the consequences of the assault for the compensation claim.
The court rejected the claim for full future loss of earnings on the basis that the applicant had no residual earning capacity. It found he was not incapable of obtaining paid work, noting that he had not pursued retraining or further medical treatment that had previously provided relief. The judge found it likely that, absent the injury, he would have continued in the Gardaí until 60 and then sought suitable work until about 65.
The court set general compensation at €65,000 for injuries to date and €35,000 for future injuries. It allowed €52,746 for past earnings loss, plus agreed Courts Act interest of €9,500, and €11,000 for future earnings loss to age 60. For the period from 60 to 65, it allowed €21,824.60 after a 30% deduction. Medical treatment and travel costs incurred after November 2008 were also found causally connected to the assault and recoverable. The judgment did not state a final aggregate award; the judge said he would discuss the form of the final order with counsel.