A Garda Workplace injury compensation settlement of €1.16m has been approved by Minister for Finance Pascal Donohoe for Aidan FLanagan, a garda and former captain of the Tipperary county hurling team.
Mr Flanagan suffered injuries while he was working and in the process of making an arrest. This comes following a previous decision by Mr Justice Bernard Barton to award the 44-year-old Garda part compensation of €175,000 general damages and €45,000 for loss of opportunity.
Judge Barton had adjourned ruling a final outcome while he was awaiting a review of ongoing settlement negotiations between Micheál Ó Scanaill, SC, counsel for the Minister and barrister Alan Keating, Garda Flanagan’s legal representative.
Mr Ó Scanaill, who was appearing in court with barrister Rebecca Graydon for the Minister, informed Judge Barton that a consent order for €1.16m, a figure which factors into account Mr Flanagan’s past and present loss of earnings and a number of other factors, could be issued in Garda Flanagan’s favour.
In Judge Barton’s previous ruling at the High Court, he made reference to the strong force of a blow that Garda Flanagan had been hit on the base of his back with and the traumatic consequences he experienced. He went on to say that Garda Flanagan had sustained the injury when he was just 30-years-old and had made a substantial €1.47m claim for general damages and recurring pecuniary losses.
The incident took place when Garda Flanagan had arrested a youth who was suspected of carrying out a shop burglary in which alcohol had been illegally taken. The youth had consumed a bottle of vodka and swallowed a quantity of tablets before he was arrested by the Garda.
When the youth was being placed in the back of a squad car as a restraint, a kick had been directed at the small of Garda Flanagan’s back, Judge Barton told the court. He also referred to the serious and significant impact on Garda Flanagan’s physical and mental capacity due toof ongoing chronic pain he experienced. He also said he had felt he could no longer fulfil his role as a garda despite being refused the opportunity the chance to retire on health grounds.
Garda Flanagan was formerly captain of the Tipperary senior county side during the National Hurling League campaign in 1997.