A former soldier who sued the State for ruining his career prospects after he suffered hearing loss has settled his action for more than €40,000.
Gerard Eustace, a father of three who had spent 13 years in the army, was later turned down for a job in the Garda because of a hearing loss in his left ear. He later secured a position with ESAT.
On the third day of his High Court case yesterday, Mr Eustace (36), of Castle Rheban, Athy, Co Kildare, settled his action against the Minister for Defence, the Attorney General and the Garda Commissioner.
Mr Eustace would only have secured in the region of €4,000 if he had pursued his claim under "Green Book" guidelines set down by the Government, and his claim for loss of potential earnings and loss of pension rights was regarded as a test case.
During the case, Mr Eustace had told the court that six of his technician colleagues in the Army Signal Corps secured jobs in the Garda telecommunications section during the "brain drain" from the Army in the 1990s.
However, he lost out on a job in the same Garda section because of a hearing loss in his left ear.
Padraig McCartan SC, for Mr Eustace, said he would have been paid more in the Garda job than in his current position in the private sector. He also lost out on the prospect of transferring his army pension entitlement.
In July 1999, Mr Eustace claimed he became aware that he had suffered damage to his hearing and suffered from tinnitus and that the damage was noise induced. He claimed he suffered the condition after exposure to heavy gun fire and heavy artillery without any adequate ear protection.