Garda awarded €458k by High Court for assault by prisoner

A former garda whose right wrist, shoulder, and elbow were injured when she was assaulted by a belligerent prisoner while on duty has been awarded €458,000 by the High Court.

Sharon Mooney was attached to Cobh Garda Station in Cork when the assault happened on December 6, 2015.

She attended for medical treatment the following day and complained of shoulder pain radiating into her right upper limb. A soft tissue injury was diagnosed, and she was referred for physiotherapy.

Her injuries, however, proved more serious than initially envisaged, and she developed chronic pain syndrome and required significant medical intervention, culminating in surgery for the insertion of a spinal cord stimulator.

She was 32 at the time of the assault and had been a garda since 2006.

In awarding her €458,526, Ms Justice Leonie Reynolds said Ms Mooney had aspired to a long career in the force, but she developed life-altering complications and was discharged on medical grounds in 2022.

Ms Mooney contended that, following the assault, all domestic and work-related activities were significantly impaired due to ongoing and restricted movement in her right upper limb and reduced mobility.

Difficulty exercising and curtailment of her domestic functioning led to a five-stone weight gain, necessitating bariatric bypass surgery.

She also, it was claimed, suffered psychological stress arising from chronic pain and loss of function. She sued the minister for public expenditure under the Garda Compensation Acts, which provides a specific regime for compensating members injured in the line of duty.

The minister argued there were no significant acute injuries caused by the assault in circumstances where early nerve studies were normal, together with normal functional assessments.

It was also contended Ms Mooney’s major pre-existing medical conditions explained much of her presentation, and that her functional limitations, and weight gain, could not be attributed solely to her injury.

Special damages

Issues of special damages, including loss of earnings and future pension losses were resolved between the parties, and the only outstanding issues for the court were general damages, future loss of earnings, and a claim for loss of opportunity/enhanced general damages, the judge said.

The judge’s award included €100,000 in general damages as fair, reasonable, and proportionate, where the dominant injury was chronic pain syndrome and having regards to the personal injury guidelines.

Loss of earnings had been agreed at €121,861, and the judge assessed future loss of earnings at €64,000, having regard to the fact she had managed to upskill and expressed an intention to return to employment.

The judge was satisfied from the evidence that her future earning capacity was on a part-time basis of 20 hours per week, at industry levels in her chosen field. Future pension losses and gratuity were agreed in the sum of €88,665.

However, insofar as she contended a future loss of opportunity arises post mandatory retirement age of 62, the judge said she simply could not accept this proposition as there was no evidence in the case to support it.