Treacy v Minister for Public Expenditure and Reform
| Jurisdiction | Ireland |
| Judge | Mr. Justice Tony O'Connor |
| Judgment Date | 04 February 2019 |
| Neutral Citation | [2019] IEHC 62 |
| Docket Number | [2017 No. 580 SP] |
| Court | High Court |
| Date | 04 February 2019 |
[2019] IEHC 62
THE HIGH COURT
O'Connor Tony J.
[2017 No. 580 SP]
IN THE MATTER OF THE GARDA SIOCHANA (COMPENSATION) ACTS, 1945-1945
Tort – Personal Injury – Garda Compensation Scheme – Plaintiff seeking damages under the Garda Compensation Scheme – What the appropriate and proportionate award of damages should be under the Garda Compensation Scheme
Facts: The plaintiff, a member of An Garda Síochána, was photographing and fingerprinting a detainee in 2011 when the detainee became violent and struck him on the left hand. The plaintiff suffered a moderate fracture of the left middle finger with continuing and future effects. The plaintiff made an application for damages under the Garda Compensation Scheme.
Held by O’Connor J that there was no reason not to award damages to a member of An Garda Síochána under the statutory scheme equal to the awards given in other civil courts. O’Connor J rejected the defendant’s argument that a reference should be made to “average earnings” stating that in his view, to accept such a factor when awarding general damages under the scheme would require statutory intervention in the absence of established judgments from the Court of Appeal or Supreme Court.
O’Connor J awarded general damages in the amount of €32,500 for pain and suffering to date, €7,500 for pain and suffering into the future, and special damages of €1,143.87.
Relief granted.
Detective Garda Treacy (‘ the plaintiff’) is 39 years of age. Over seven years ago, on the 1st November, 2011, a detainee, who was being photographed and fingerprinted, became extremely violent; in the words of the plaintiff, ‘ he became crazy’. There were three gardaí, including the plaintiff, in attendance. The detainee violently struck the plaintiff's left hand causing severe pain. The plaintiff went to a nearby hospital where he was given pain-relieving medication and his injured left middle finger was neighbour-strapped to his index finger.
Three days later he attended a hospital in Dublin complaining of severe pain in his left middle finger. X-rays revealed a fracture at the base of his middle phalanx and his hand was placed in a splint. He then had persistent pain.
The consultant in emergency medicine observed in March 2012 that the plaintiff had a ten-degree radial angle at the proximal inter-phalangeal joint. He observed that active flexion was possible to 90 degrees only. He was very tender around that joint. The fracture had healed by then. However, the plaintiff is left with a set of fingers that cannot be fully clenched together and the hand is misaligned when observed from the back.
The plaintiff was off work for a number of weeks and was then placed on potentially less confrontational duties for another few months.
Counsel for the defendant cross-examined the plaintiff to indicate that after a further review by a consultant in April 2012, it took a number of years before he saw Mr. Darragh Hynes, (Orthopaedic and Upper limb surgeon) again in November 2015. By that time the plaintiff had attended for multiple therapy sessions to regain strength in his finger. Play-Doh type material and stress balls were used by the plaintiff to regain some strength.
The plaintiff showed counsel and myself the deformed finger. He cannot clench his fingers together in a united manner and there is a noticeable misalignment when one observes the hand. The plaintiff cannot be faulted for the delay in getting Medico-Legal Reports and processing this application. The system appears to be that various officers involved in the scheme must sign off before an application gets a date for hearing.
The plaintiff explained how he does not have confidence in the finger strength which prompts him not to use same when carrying something like a shopping bag. He is right-hand dominant. On questioning by myself about activities, he said he does not play golf, he gave up football due to an unrelated back injury but has undertaken skiing on a few occasions. A consultant advised him to wear mittens in that type of circumstance because it allows heat from the...
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