A Garda office, who sustained a shoulder injury during baton training, has been awarded personal injury compensation of 22,600 Euros in the Circuit Civil Court.
Circuit Court President, Mr Justice Matthew Deery, heard that Detective Garda Darragh O´Toole (41) had been part of a group taking part in baton training at the Mount Pleasant Tennis Club in Dublin in October 2008, when the injury occurred.
Detective Garda O´Toole was in a staged fight scenario with an instructor, when the instructor put his left arm in a lock and forced him back against a wall. Mr Justice Matthew Deery was then told how the instructor had continued pressing forward while Detective Garda O´Toole was pinned back – dislocating the Garda´s shoulder through the back of the joint. The injury was so severe that Detective Garda O´Toole was off from work for 14 weeks.
Having sought legal advice, Detective Garda O´Toole brought a personal injury claim for compensation against the instructor and the Minister for Justice, claiming that he still suffered pain and discomfort, and that the injury had prevented him from playing as a senior footballer for Erin’s Isle GAA club in Finglas, Dublin.
Having rejected evidence from the defence which was contradicted by the medical evidence, Mr Justice Matthew Deery awarded the detective 22,650 Euros in damages against the Minister for Justice, commenting that the instructor should have eased off when Detective Garda O´Toole had been backed up against the wall.