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RollingNews.ie

Garda awarded €60k in damages after being assaulted while on duty

The garda claimed he developed sciatica after the assault.

A 39-YEAR-OLD garda, who claimed he developed sciatica after being assaulted while on duty, has been awarded €60,000 damages in the High Court.

Garda Padraig Gorman told the court that in January 2011, he had been sitting in a garda speed camera van in the area of Dunaree, Co Cavan, when he heard a bang to the side of the vehicle.

Garda Gorman told his barrister, Frank Martin, that when he went out of the van to see what had happened he saw a man who immediately threatened to burn the van.

Struggle

Gorman said, during a garda compensation hearing, that the man declined to give his name and hit him in the chest. A struggle had followed between Garda Gorman and his assailant, who was later arrested with the assistance of gardaí patrolling the area.

Mr Justice Bernard Barton heard that Garda Gorman, who lives in Virginia, Co Cavan, suffered soft tissue injuries to his lower back and left hip during the struggle.

Gorman, who sued the Minister for Public Expenditure, had been out of work for several weeks and had needed to attend physiotherapy sessions.

He had later developed sciatica in his right leg after suffering a prolapsed disc and had needed to give up his golf and football activities. The court heard he continued to have pain in his back.

Judge Barton said Garda Gorman was a “very fit” man before the assault and his injuries had interfered with his enjoyment of life.

The judge, awarding him €60,000 damages, said he was satisfied that Garda Gorman had a non-symptomatic degenerative condition in his spine before the incident.

Read: Armed garda raid recovers cash after armed robbers hold up shop in Dublin>

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    Mute George Vladisavljevic
    Favourite George Vladisavljevic
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    Jul 19th 2016, 2:35 PM

    Why did his assailant, who was later arrested not pay this claim?

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    Mute Eyepopper
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    Jul 19th 2016, 2:45 PM

    Because anyone injured in the course of their work has to make a claim against their employer.

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    Mute George Vladisavljevic
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    Jul 19th 2016, 2:49 PM

    Why would the employer then not have the right to reclaim this from the person who committed the crime? If this is not possible now it could be changed.

    A fine example would be if a post man gets bitten by your dog would you not expect to pay the damages?

    It just seems so wrong to use public money (us being the public) to pay for the crimes of individuals who often have one hell of a criminal past?

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    Mute Eyepopper
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    Jul 19th 2016, 2:58 PM

    I’m not disagreeing with you, but its the way it works.

    Totally agree with you regarding the people who commit these types of crimes being nothing but a drain on society and that they should be held more to account – at the very least naming them in stories like this would be a good start, and if possible taking into account damages that have to be paid as a result of their actions when they are being given their suspended sentence.

    Of course the situation isn’t helped by the fact that the Department of Justices position is to challenge every single claim made by a Garda, often dragging out the case for damages long beyond any criminal action against the perpetrator.

    As for the postman, I’m pretty sure they would have to make a claim against An Post in that case.

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    Mute Fiona Fitzgerald
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    Jul 19th 2016, 4:04 PM

    I’m fairly sure that a private company would have insurance to cover work-related claims, to protect their own funds. Can the department not set up a policy of some kind for the few who will be injured in the course of their job?

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    Mute Eyepopper
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    Jul 19th 2016, 5:08 PM

    That would require them to provide adequate equipment resources and training…. so no.

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    Mute Rosie Murray
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    Jul 19th 2016, 10:25 PM

    Maybe there would be less claims like this is the person assaulting them (probably a repeat offender) got an actual sentence

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    Mute scientia
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    Jul 19th 2016, 11:07 PM

    Remove the fact that it’s a Garda who was the victim and read the article again. I have no doubt the opinion of most people would change. And that’s what’s wrong. A man was attacked, suffered permanent injury and was rightfully compensated.

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    Mute Rob O'Brien
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    Jul 19th 2016, 2:16 PM

    The journal going to report on the mother and daughters (aged between 8-14) who have been stabbed in a french resort by Muslim man for dressing ‘Haram’ ???

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    Mute Rob O'Brien
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    Jul 19th 2016, 4:46 PM

    Been a couple of hours, still not newsworthy, even though an 8yo girls is in critical condition.
    I suppose it’s just not unusual enough to warrant the news eh?
    Well folks if you’re out in the sun with your kids and you daughters are in their swimsuits just watch out for cultural enrichment.

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    Mute twit
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    Jul 19th 2016, 2:18 PM

    The Gardai may not a decent starting wage and probably not a worthy wage for what some may face.. Although they sure as hell make up for it with compo claims! While I certainly believe some times money is deserved but there needs to be some sort of cap put in place. They go to the job knowing the risks. There should be some guidelines in place. It’s like a plumber suing his employer for getting wet and then some how getting pneumonia or something.

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    Mute Eyepopper
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    Jul 19th 2016, 2:42 PM

    Its more like a plumber turning up for work and being told by his employer that he has to work an 12 hour shift in a dirty, freezing canal, but it’s ok because he’ll be given appropriate safety equipment; and then handing him a pair of bermuda shorts and a snorkel mask.

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    Mute Sean Travers
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    Jul 19th 2016, 2:25 PM

    He won’t be playing golf now that he’s rich.

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    Mute just readin
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    Jul 19th 2016, 3:03 PM

    Is the Garda currently able to perform his duties ? If not then the compensation would make sense …

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    Mute Michael
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    Jul 19th 2016, 4:53 PM

    Getting like america… Man hired an automatic camper van in the states…few hours into the journey he decided to have a rest and get his head down in the back seat for a couple of hours…few minutes later the camper van crashed in to barriers and the man sustained serious injuries. He was awarded a huge payout…his solicitors highlighted the fact that ” no where in the instruction manual does it warn the driver that although it’s a automatic vehicle, it will not drive you to the destination automatically and the car must be steered manually”. True story!

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    Mute Kevin Hammon
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    Jul 23rd 2016, 7:27 PM

    I had sciatica for almost 2 years and was unable to sit and walk. Chiropractors, acupuncture didn’t help me at all. The situation was really bad. However, one day by searching google for alternative treatments I found an e-book that was created by former sciatica sufferer. He claimed that he cured his severe sciatica in one week at his home. I was skeptical about it, but I had nothing to lose, so I bought that e-book (http://dietandhealthreviews.com/sciatica-sos-review/). After receiving it, I didn’t believe that some specific stretches can help me to deal with sciatica, but I started following it and surprisingly after first session my pain was almost gone! It didn’t last long until my sciatica went away permanently. So from now on, I recommend everyone who have sciatica to practice specific stretches and hope for the best.

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