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1. Garda O’Connell’s claim for compensation for personal injuries maliciously inflicted occurred on the course of his duty on 16th October, 1995 when he was aged 44. Garda O’Connell suffered injuries to his left knee and to his left wrist when he was jumped upon violently by an individual whom he was arresting. He was diagnosed as suffering from a tear to both collateral ligaments of the left knee joint, and to a tear in the interior cruciate ligament of the left knee joint. He also had a fracture to the scaphoid of the left wrist.

2. Garda O’Connell has been on sick leave from that date to the present. The fracture to the left wrist healed over six weeks and, according to the Garda Surgeon report dated 1st October, 1998, Garda O’Connell recovered from his injuries over the ensuing two years insofar as he is now ambulant.

3. The Garda Surgeon recognised that the Applicant was no longer fit for interpersonal confrontational duties. He felt it would be necessary for the Applicant to be placed in non-confrontational functions within the Garda Siochana. However, the Applicant was adamant that he did not want to participate in a sedentary non-confrontational role within the force as, psychologically, he could not tolerate such a position. The Garda Surgeon says he was left with no alternative but to medically discharge the Applicant by reason of the injury to the left knee joint and the consequential instability. The Garda Surgeon, however, believed that he could perfectly well carry out a non-confrontational job efficiently and effectively.

4. By reason of the Applicant’s psychological adverse predisposition to a non-confrontational indoor position, it was necessary from him to be retired from active normal police duties. Moreover, his duties, it was agreed, will impact adversely in his quality of life.

5. Mr. Thakore, FRCS, saw Garda O’Connell on 17th February, 1998. In his opinion the left wrist had made a satisfactory recovery. However, Garda O’Connell still had wasting of the quadriceps by an inch, measured six inches from the joint line and the calve is half an inch wasted on the left measured seven inches from the knee joint. His main injury is gross instability of the knee resulting from the damage to both cruciate ligaments and lateral ligaments.

6. In the consultant’s opinion the knee is grossly unstable and would be unfit for any confrontational and policing duties. He was of the opinion that Garda O’Connell would be fit for sedentary types of job. He certainly would need further intervention of the knee and would be offered total replacement when the knee becomes severely arthritic. At the date of examination there was minimal arthritis. Reconstruction of the ligaments would not be advisable at this stage.

7. A more recent report of Mr. John O’Byrne, FRCSI, was dated 26th January, 2000 on the day of his examination of the Applicant. His opinion is as follows:-

8. Patricia M. Coughlan, BAHDE, a vocational rehabilitation consultant, made a comprehensive report on the 27th January, 2000 in relation to the vocational implications and options for Garda O’Connell. She believes his vocational options have been significantly limited by his physical disability. He had not looked for promotion or any special training within the force, preferring to work within the community. He had expressed little interest in office/desk work and never really considered this as a career.

9. In her opinion he might be able to consider some form of lighter sedentary work where he could stand or sit at will. It might be preferable for him to work on a part-time basis initially given the problems with deterioration of pain and discomfort throughout the day. Remuneration for such activities would be between £4 to £4.60 per hour.

10. In relation to driving, he has difficulty using the clutch but can manage short distances. He should consider an automatic car. As a driver he could hope to earn between £180 and £250 per week. He should be encouraged to investigate the community employment scheme with FAS.

11. I have also had the benefit of Ciaran Brady’s, MCH FRSC, report of the examination carried out on 21st December, 1995 which accords with the reports already referred to above. I have also considered several reports from Dr. Eugene Morgan, MRCPsych DPMRC GP, who on 23rd May, 1996 queried if Garda O’Connell would recover enough to resume duties as a beat garda; on 15th May, 1997 believed that the overall prognosis was very uncertain; on 17th June, 1999 that Garda O’Connell’s psychological well-being was well adjusted, though he was anxious that his knee was not getting better. He was concerned about his limp and misses life in the force. Dr. Morgan states that his lifestyle had socially been diminished and that he feels guilty that he is not able to take his wife to dancing and social functions.

12. Dr. Michael Molloy, MB, FRCP, FRCPI, a consultant rheumatologist, reported on 30th August, 1996 that Garda O’Connell was making slow progress and in a lot of pain and discomfort. A year later (18th June, 1997) he believes he will be unable to do his work as a garda for the foreseeable future and should be retired on medical grounds. He will need reconstructive surgery on the knee joint and perhaps total new placements. His knee is grossly abnormal, unstable and very restricting for him. The long term therefore will result in chronic recurrent discomfort in the knee, the use of analgesics when required, exercises regularly, a knee support when out of doors and almost certain surgery at some indeterminable time in the future.

13. On 30th September, 1998 Dr. Molloy believed that the knee had remained problematic. Without surgery it was likely that the degree of stability will cause premature oste-arthritis which will result in the requirement of total knee replacement. This could be five to ten years time and more likely to be ten to fifteen years. If newer procedures become available and successful they should be considered.

14. Dr. Molloy’s final report on 1st July, 1999 reiterates that there is little doubt that the Applicant would require surgery to the knee joint sooner rather than later to avoid early oste-arthritis. He would be a candidate for total knee replacement. However, this should be postponed as long as possible.

15. Mr. T.J. O’Sullivan, FRCSI MCH FRCS, believed, on 26th May, 1997, that the Applicant would need an anterior cruciate reconstruction. He would not advise going back full-time as a garda on the beat after such surgery. On 12th September, 1997 that consultant believed that the Applicant could get by reasonably well without any surgery which could be quite difficult with unpredictable results. Alys Morrissey, MCSP MISCP treated the Applicant with physiotherapy and reported on 20th June, 1997 that he had difficulty walking distances of greater than half a kilometre. He had pain walking on uneven ground secondary to his knee instability. He had greater pain walking on a decline than on an incline. His status has not significantly changed.

16. By Order of the Commissioner of An Garda Siochana on the certificate of the surgeon of the Garda Siochana, ordered the retirement of the Applicant with effect from 4th September, 1998.

17. The cost of the surgery recommended by the various consultants as detailed above for a standard total knee replacement without any possible complications would appear to range from £7,000 to £10,000 for current summer 1998 costs.

18. On retirement, Garda O’Connell was given a special pension of £14,625 per annum and a net gratuity of £31,326.

19. If the Applicant had served to age 58 (the compulsory retirement age) the award (at current rates of remuneration) would be a pension of £14,103 per annum from 2nd July, 2008 and a retirement gratuity of £38,256.

20. There would appear to be no difference in the award of a pension to the surviving spouse.

21. As the Applicant has retired from the force the award of contingent benefits (ie death gratuity) do not arise. On death and service on the current date the net gratuity would be £34,376.

22. The Applicant’s employer analysed the hypothetical loss of earnings at £6,076 based on these figures Brendan Lynch, AIA, of Seagrave Daly & Lynch Limited offered evidence of capitalisation of loss.

23. It would seem to me that in relation to the actuarial range of figures offered that the capital value for loss until retirement, on the assumption of the Applicant engaging in light sedentary work with earnings of £133 per week is approximately £18,000. In respect of future loss of earnings after retirement I would assess the capital loss at £8,000.

24. The loss of death benefit is assessed at £1,718.

25. The capital value of the surgery recurring every twelve years is £12,000.

26. I will make an award of £39,700 in respect of special damages.

27. With regard to general damages I have been referred in particular to case no.1899/98 in respect of an injury to the knee where the applicant had torn the interior cruciate ligament necessary for stabilising the knee joint. His wrist healed within two to three weeks as in the present case. However, the knee joint remained unstable. In the opinion of the Garda Surgeon the applicant in that case had permanently a predisposition for more aggravated injury to the left knee. The surgeon was of the opinion that those injuries would not impact adversely on the applicant’s capabilities to carry out his duties as a member of An Garda Siochana nor would those injuries adversely impact to any degree in his overall quality of life.

28. However, in the present situation perhaps by reason of the psychological antipathy to non-confrontational light duties within the Garda Siochana, the Applicant was dismissed by reason of his injuries. Moreover, his overall quality of life has deteriorated considerably.

29. There remains the anxiety of knee replacement together with the trauma that that will inevitably bring. Taking these matters into account it would seem to me that general damages of £15,000 and future damages of £20,000 would be appropriate.

30. Accordingly, I will make an award in the sum of £74,700.