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A MEMBER OF the Garda Drugs Squad, who sustained injuries in two interrelated accidents during a high-speed chase on the M50 in Dublin pursuing suspected drug dealers, has been awarded just under €60,000 in personal injury damages.
At the High Court, Ms Justice Leonie Reynolds has made the €59,976.66 payout to the garda member after commenting that she “suffered psychological trauma and distress from what was undoubtedly a very frightening incident in which she could have lost her life”.
Justice Reynolds has made the award for two interrelated accidents concerning the high-speed chase on 11 April 2016 to the unnamed garda taken in proceedings taken against the Minister for Public Expenditure and Reform under the Garda Síochána (Compensation) Acts 1941–1945.
Concerning the injuries sustained from the high-speed chase in April 2016, Justice Reynolds records that while pursuing suspects in the possession of drugs, the vehicle in which Garda Drugs Squad member was travelling was violently rammed.
Judge Reynolds said: “A high-speed pursuit then occurred, which resulted in the garda vehicle aquaplaning on the M50 before colliding with a metal crash barrier.
The judge said that the applicant sustained multiple soft tissue injuries, primarily affecting her spine, and also suffered psychological injury.
In the aftermath of the accident, the garda developed significant pain in her back radiating into her buttocks and right leg, together with pain and discomfort in her neck and shoulder.
Treatment for her back injury required intense physiotherapy together with epidural and spinal injections. An MRI scan of the lumbar spine revealed early degenerative changes.
The garda returned to duty in March 2017, initially on light duties.
She subsequently resumed full duties but was unfortunately involved in another road traffic accident in May 2018, in which she sustained additional injury to her back.
A claim arising from that accident was subsequently brought and settled in April 2019.
Judge Reynolds said: “I am satisfied that, in the context of the within application, the applicant is entitled to recover general and special damages up to the date of the second accident, but cannot be compensated twice for the same injury.
The judge said: “I am further satisfied on the evidence that it is not possible to disentangle any continuing symptoms thereafter from those attributable to the second accident and the subsequent settlement arising there from.”
The judge said that she accepted that the applicant’s back injury “was substantial and required intensive physiotherapy and invasive injections”.
Judge Reynolds said that she was satisfied that the injury falls in the upper end of the moderate category/lower end of moderately severe category and assessed general damages of €32,500.
The applicant’s remaining soft tissue injuries were treated conservatively and resolved within a period of 12 months, and were awarded an additional €9,000.
Judge Reynolds also stated that in March 2018, the woman was diagnosed with symptoms of PTSD (post-traumatic stress disorder) of moderate severity for a period of six months post-incident.
The garda made a gradual improvement with counselling which she found beneficial, and Judge Reynolds awarded an additional €15,000 for the PTSD after finding that they fall within the moderate range of psychological injuries.
Judge Reynolds awarded a total of €48,500 in general damages after reducing by one third the cumulative €72,400 award for the soft tissue and PTSD injuries to €48,267.
Judge Reynolds also approved the agreed special damages of €11.476.66 resulting in an overall award of €59,976.66.
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