A 44-YEAR-OLD garda, who dislocated his right shoulder on two occasions while dealing with people who had illegally entered the country at Dublin Airport, has been awarded more than €93,000 compensation in the High Court.
Garda Donal Donnellan, who is working in the Immigration Department of An Garda Síochána, told the court that in August 2013 he had been helping a colleague in a passport control booth in relation to three Malaysian people.
He said that as he entered the booth he immediately recognised two of the three individuals. One of them had suddenly started to run towards the baggage claim area to exit the airport.
He told his barrister, Breffni Gordon, during a garda compensation hearing that he chased the man and managed to grab him with his right hand. They both fell to the floor and he felt immediate pain in his right shoulder.
The court heard a colleague took control of the man and Garda Donnellan was taken to the Emergency Department of Beaumont Hospital in Dublin, where X-rays revealed a dislocation of his shoulder.
Out of work for weeks
Donnellan, who sued the Minister for Public Expenditure and Reform, said he had been sedated and his shoulder was put back in place. He had needed to wear a sling for a number of weeks.
Gordon told the court that Donnellan was out of work for several weeks. He had suffered a similar injury in March 2015 as he was escorting an “uncooperative” Togolese man, who was being deported, to his flight. As he grabbed the man, Garda Donnellan’s right arm went upwards, dislocating his shoulder. He had needed to undergo surgery.
The court heard that Donnellan, who lives in Dublin, had ongoing occasional pain and a limited range of movement in his shoulder. He said there is a concern that he may develop arthritis in the joint.
The Minister had argued that Garda Donnellan had suffered a minor injury which had been caused by a previous shoulder dislocation he suffered while playing Gaelic football when he was a teenager.
Justice Bernard Barton said he was satisfied Donnellan’s shoulder had been asymptomatic until the first airport incident. He said he had continued to play contact sports until 2010.
The judge said Donnellan’s injuries fell in the severe to permanent category and he awarded him €85,000 compensation for his past and future pain and €8,600 for his fees and expenses, a total of €93,600.
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