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Injuries to Garda on duty not shown to be linked to failure to gain later promotion

By: Ian Fitzharris BL

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High Court, in personal injuries proceedings under the Garda compensation legislative scheme, awards general damages and pecuniary losses to applicant Garda who was injured in the course of duty arising from an assessment of the expert medical evidence placed before, the court but declines to award further pecuniary losses in circumstances where the applicant failed to discharge the onus and burden of proof upon him to establish that but for his injuries, he would later have been promoted to the rank of Inspector.

Personal injuries - garda compensation - injuries to member on duty - claim for future loss of earnings as sergeant - actuarial evidence - pecuniary loss - assessment of general compensation - ongoing pain and discomfort - expert medical evidence of injuries sustained - permanent scarring - psychological sequelae - expected increase in symptomology - principles to be applied in relation to assessment of general compensation - book of quantum - proportionate award - reasonably foreseeable consequences - not established that but for injuries sustained plaintiff would have been appointed to rank of inspector - no provision for additional general compensation for loss of opportunity.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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