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High Court, in an application made under the Garda compensation scheme, grants an award of €105,000 in damages for present and future pain and suffering to a now retired Garda sergeant as a result of injuries sustained to his leg, knee and lower back arising from an attack by a crowd at a car rally in Galway in 1998; but the court rejects the applicant's claim for loss of earnings where it is unsatisfied on the evidence that the attack was in fact the sole reason for his decision to retire early.
Garda compensation scheme - applicant and former Garda Sergeant attacked by a crowd at a car rally in 1998 - injuries to leg and knee - painful left knee symptomology in years following attack - injuries to lower back required surgery - applicant further treated for depression - degenerative changes to applicant's spine prior to incident - timing of applicant's alleged back pain challenged under cross-examination - early retirement - expert medical and actuarial evidence - basis and reason for early retirement - claim for loss of earnings - applicant asymptomatic in respect of pre-existing degenerative changes - assault rendered applicant symptomatic - €75,000 award for pain and suffering, and €30,000 in respect of future pain and suffering - court not satisfied that applicant's early retirement was solely attributable to physical effects of attack - loss of earnings claim rejected.
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