An Army bandsman who claimed he suffered loss of hearing because of exposure to a "dangerously high level of noise" yesterday lost a High Court action for damages. Ms Justice McGuinness dismissed the action brought by Mr Charles O'Neill, of Langton Park, Newbridge, Co Kildare, against the Minister for Defence.
Mr O'Neill claimed that, during Army service, he was exposed to hazardously loud and excessive noise while on duty as a member of the Army band at the Curragh camp.
He alleged he was required to play a trumpet in the band in a small hall which the Army authorities knew, or ought to have known, was unfit for such a purpose due to the dangerously high level of noise in the hall when the band was playing. As a consequence, Mr O'Neill said he suffered tinnitus and loss of hearing.
Rejecting the claim, Ms Justice McGuinness said a medical expert called on behalf of Mr O'Neill felt he had no hearing handicap. It appeared his hearing loss had occurred in the last couple of years.
She believed Mr O'Neill's own medical expert did not bear out the plaintiff's allegation that he had suffered hearing loss due to exposure to noise while a member of the Army band.
She accepted it was quite possible that a person could have sustained noise-induced hearing loss as a result of playing in an Army band. However, the medical evidence did not bear out Mr O'Neill claim. She awarded costs to the Army.