Garda who sued State for €310k loss of earnings awarded €42k

Judge Twomey said the loss of earnings figure had been claimed on the basis that the incident in which his little finger had been broken had led to him becoming depressed and being forced to retire from the force.

The judge, who said the case involved very personal details about the garda’s family, decided to anonymise his compensation application and referred to the garda only as Garda B throughout a reserved judgment.

Judge Twomey awarded the garda €42,699 for loss of earnings; €10,000 for physical pain and suffering arising from his fractured finger and €10,000 for psychological pain and suffering caused by his depression arising from the incident.

The judge also awarded the garda €8,180 for out-of-pocket medical expenses associated with both the physical and mental suffering and €5,100 for loss of earnings due to absence on sick leave because of the fracture alone - a total of €75,981 damages.

Judge Twomey said Garda B had received two injections and no other treatment for the fracture and made a full physical recovery. The main issue in the case remained the extent to which Garda B’s psychiatric injuries could be attributed to the incident when his little finger had been fractured.

He said a significant portion of the €310,893 claimed for financial loss included €112,350 for Courts Act interest, much of which was at the rate of 8% for 19 years up to 2017 before the introduction of a lower interest rate of 2%.

He said Frank Callanan SC, who appeared with barrister Grainne Fahey for the Minister for Public Expenditure and Reform, had stated it was unusual for an expert actuarial report to incorporate Courts Act interest in this manner and the court would, in light of existing legal authority, exclude this from the overall loss of earnings.

Judge Twomey said he had calculated total damages on the basis of existing legal authorities Irvine which had laid down seven principles which remained binding on the court.

These principles stated that awards must be fair both to a plaintiff and defendant and modest damages should be awarded for minor injuries, moderate damages for middling injuries and severe injuries should attract damages which were distinguishable from catastrophic injuries.

The damages had also to be proportionate to the general cap of €450,000 and reasonable in light of general after-tax incomes currently in the region of €35,000. The principles also stated that appropriate scepticism and common sense be applied to claims and directed that caution be taken by the court when relying on expert reports.

Sean O Huallachain SC, who appeared with barrister Roddy Maguire and solicitor Vincent T. Griffin for the injured garda, was awarded costs of the application.