Judgment: 2015-03-23 · Court archive

High Court awards €391,143 to garda for injuries after armed confrontation

The court assessed general damages for a Garda who developed severe post-traumatic stress disorder after encountering an apparently armed person during patrol in 2005.

High Court · [2015] IEHC 191

Who, what, where, when and why

Who
  • Sean Walzer (Applicant)
  • Bernard J. Barton
What

The court assessed general damages for a Garda who developed severe post-traumatic stress disorder after encountering an apparently armed person during patrol in 2005.

Where

Places mentioned in the report

  • Kelly’s Lane
  • Brett’s Hardware
When

Judgment:

Why

Reasons reported in the judgment

The court recounted that Mr Walzer experienced a flashback and extreme fear after finishing a later shift, and subsequently developed anxiety, sleep disturbance and other symptoms. He was diagnosed with post-traumatic stress disorder and retired from the force in 2008 because of infirmity of mind. The judgment described years of treatment, continuing symptoms and a six-month hospital admission in 2012.

The High Court awarded Garda Sean Walzer €391,143.36 in compensation for injuries linked to an incident during patrol in September 2005. The court assessed general damages for past and future pain and suffering at €175,000, with the remaining €216,143.36 made up of amounts agreed between the parties.

Mr Walzer was on patrol with another Garda in Kelly’s Lane shortly after 1am on 5 September 2005 when they saw a car outside the rear entrance to Brett’s Hardware. The judgment says a person beside the car, wearing a balaclava, became aggressive and appeared to point a gun at the officers. The officers withdrew and pursued a car that left the lane, but lost sight of it. They later established that nothing had been taken from the premises.

The court recounted that Mr Walzer experienced a flashback and extreme fear after finishing a later shift, and subsequently developed anxiety, sleep disturbance and other symptoms. He was diagnosed with post-traumatic stress disorder and retired from the force in 2008 because of infirmity of mind. The judgment described years of treatment, continuing symptoms and a six-month hospital admission in 2012.

The respondent’s medical expert accepted that Mr Walzer had experienced post-traumatic stress disorder, though assessed it as moderate. The judge, Bernard J. Barton, concluded from the medical reports and evidence of Mr Walzer and his wife that the condition was more properly categorised as severe. The judge also found a causal connection between the 2005 incident and Mr Walzer’s sleep apnoea syndrome, while noting evidence that weight gain contributed to that condition.

The court was asked to assess general damages only. The parties had already agreed compensation for special damages and for past and future medical expenses and loss of earnings. The judge awarded €125,000 for past pain and suffering and €50,000 for future pain and suffering. Adding the agreed €46,143.36 for vouched special damages and €170,000 for medical expenses and loss of earnings, the court ordered a total award of €391,143.36.

Read the original court judgment

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