Garda awarded almost €50,000 after injuring ankle avoiding punch

A reserve garda who suffered a serious leg injury as he ducked to avoid a punch from a man who had just driven a stolen 4x4 onto a Halloween bonfire, has been awarded almost €50,000 damages in the High Court.

The court heard that Garda Sean White, now a full member of the force, was told “take this pig” by his assailant as he swung at him.

Garda White, of Kingswood, Dublin, told his barrister Barney Quirke SC that he and a colleague were called to a bonfire on a green at Durrow Road in Crumlin in October 2013 after the driver of a stolen vehicle was reported to be performing dangerous hand-brake turns.

He said that when the garda car arrived at the scene, the 4x4 was driven onto the bonfire before the person driving it ran off. Garda White was the first to catch up with the driver and was assaulted during an attempt to apprehend him.

Mr Justice Michael Twomey heard it was during an evasive action by Garda White that his left foot became stubbed on the green and his left ankle was fractured as he turned away from the driver’s fist.

Piercing pain

Garda White said he felt an acute piercing pain in his left leg and discovered afterwards that he had sustained a significant injury to his ankle. He was detained overnight in St James’ Hospital and had surgery the next day to affix a plate and screw repair.

Mr Quirke, who appeared with John O’Connor Solicitors of Ballsbridge, Dublin, for Garda White, told the court there had been significant cartilage damage to his client’s ankle which required ligament restructuring.

A specialist believed Garda White would have to undergo bone fusion surgery or have an ankle replacement at some time in the future. The court heard Garda White was restricted to desk duties because of his injury for some time.

Mr Justice Twomey, who was told there had been awards of between €80,000 and €90,000 in the past by the court for similarly serious injuries to members of the force, said the Court of Appeal and Supreme Court had since recalibrated such personal injury awards downwards by up to 50 per cent.

He said he had heard evidence of very minor early degenerative change in Garda White’s ankle and awarded him damages of €40,000.

He awarded Garda White €9,500 special damages, the estimated cost of future surgery to either fuse or replace his ankle.