A man who was punched in the head while a serving garda as he released a man from a Garda station was awarded more than €300,000 in damages by the High Court yesterday.

Ms Justice Mary Irvine said James Lynn, who was stationed at Castlebar station but has since been discharged from the Garda due to ill-health, had lost the career he fought so hard to get into.

As a result, Mr Lynn had lost his status in society and his injuries affected him every day, she said. The case was brought under the Garda Compensation Act by Mr Lynn who had been attached to Castlebar station at the time of the assault on June 23rd, 2001.

The court heard Mr Lynn released a prisoner from holding cells who then went to the day room. Mr Lynn later escorted him to the foyer.

As … Read More »

HIGH COURT: A 34-year-old female garda, who was stunned when an intoxicated woman she was searching punched her on the nose, has been awarded more than €5,000 in damages at a High Court Garda compensation hearing.

Garda Shauna Keane, of Cappahard, Tulla Road, Ennis, Co Clare, told Ms Justice Mary Irvine that she was searching a woman in a private room when the prisoner lashed out at her.

Garda Keane said she had been stationed in Waterford Road Garda station, Cork city, on November 3rd, 2005, when she was called to a disturbance at Gurranabraher, where three prisoners, including the woman, were being held. Garda Keane said she suffered a lot of pain to her face and nose and had been off work for six weeks. Her doctor had referred her to an ear, nose and throat specialist who had carried out … Read More »

A 16-year-old schoolboy who was hit over the head with a steel stool by another student has been awarded €9,000 damages in the Circuit Civil Court.

Ivan Daly, for Daniel Mulligan, Sillogue Park, Ballymun, said the boy had been assaulted initially in the corridor of Trinity comprehensive secondary school, Ballymun, Dublin, in October last year.

Shortly afterwards he had been hit on the head in a classroom with a stool by another student. The blow caused a three-inch cut to the boy’s scalp which required eight stitches.

Mr Daly said Daniel and his fellow pupils were being supervised at the time and there was a possibility the case could be lost on failure to prove negligence.

He said he was happy to recommend the Circuit Civil Court’s approval of a €9,000 settlement offer by the school.

Circuit Civil Court president Mr Justice Matthew Deery directed … Read More »

Two race-goers headbutted, punched and then kicked a garda in the back as she lay on the ground at the entrance to the Curragh Racecourse, Co Kildare, a judge heard yesterday.

Garda Sgt Alma Molloy, formerly of Ramsgrange, New Ross, Co Wexford, and now stationed in Kilkenny city, was awarded nearly €90,000 damages by Ms Justice Mary Irvine in a High Court Garda Compensation hearing nearly 10 years after the incident.

She is now aged 36, Barrister Colm P Condon, SC, for Sgt Molloy, told the court she had been called to help colleagues restrain a man and a woman who were behaving in a hostile and aggressive manner and who also appeared to be drunk.

Ms Justice Irvine said Sgt Molloy still experienced chronic discomfort in her neck and lower back, had given up running and had not gone back to playing … Read More »

A WOMAN made redundant from an accountancy firm when six months pregnant has been awarded € 20,000 in compensation for discriminatory dismissal.

The Equality Tribunal found that KA Accountants and Financial Advisors had discriminated against its former employee on the grounds of gender.

The woman worked at the company for more than 2½ years until she was selected for redundancy in May 2009.

Her job involved managing client bank reconciliations and preparing accounts. She claimed she had been given the “cold shoulder” by one of the firm’s partners after she told the company she was pregnant in March 2009, the tribunal heard. This was denied by the company.

In April 2009 she and a colleague were told that their section was not performing efficiently and their situation would be reviewed.

In May 2009 she was told her position was being made redundant due to the … Read More »

Ulster Bank is planning to pay out “tens of millions of euros” in compensation to customers affected by a technical problem at the bank.

Chief executive Jim Brown said bank was talking to the Financial Regulator about how to apply the compensation but admitted a considerable sum of money, valued at “tens of millions of euros”, had been set aside. Details of the compensation scheme will be announced shortly.

He said customers had been severely inconvenienced as a result of the problem and the bank would refund any incorrectly applied fees and charges and ensure customers’ credit ratings were not damaged.

Mr Brown said it could take several more weeks to finally clear the backlog of transactions built-up during the technical fault.

He said most Ulster Bank customer accounts were now up-to-date, although a “small percentage” of outstanding transactions and incidents of double-charging were … Read More »

A boy, who suffered an injury to his lip in a creche when he was three years old has been awarded €17,700 damages in the Circuit Civil Court in respect of a Personal Injury Claim.

Bernard Rogan, counsel for Luke Hyland, Russell View, Tallaght, now aged seven, said the boy had run into the back of a chair on December 19th, 2008.

The judge heard that Mr Rogan, at an earlier hearing, had convinced the court not to approve a lower assessment of the injuries board.

Mr Rogan said he had since negotiated an improved offer of €17,700 together with full legal costs and a further €1,137 towards fees and expenses.

The boy had made a full recovery apart from a mildly noticeable permanent mark on his lip.

A prisoner who in 2007 called Joe Duffy’s Liveline radio programme from his jail cell had headbutted a garda prior to his incarceration for armed robbery, a judge heard yesterday.

Former garda Ray Carey told Ms Justice Mary Irvine in the High Court the headbutting happened on St Patrick’s Day in 2003 at Tolka Valley Park, where he had been called to help colleagues arrest three men. He said one of the men had been the late John Daly, who telephoned the radio show from his cell.

Mr Carey said Daly had been murdered shortly after his release from prison.

Mr Carey (31), of Esker Park, Lucan, Co Dublin, told the judge he resigned from the garda in 2004 and had taken up work with the Department of Social Welfare. Judge Irvine awarded Mr Carey €18,000 compensation

A schoolgirl who was injured by a discarded syringe needle in the bedclothes of her Dublin hotel has been awarded €17,500 in the Circuit Civil Court.

The court heard as Amy Kane (then 12) was settling into bed at Castleknock Travel Lodge, Dublin, on June 6th, 2009, she was pricked on the elbow by the needle in the bed linen. Amy, Dundonald, Belfast, was taken to the hotel reception, where first aid was applied to a bleeding wound on her arm.

Circuit Court president Mr Justice Matthew Deery was told that after returning home the next day, Amy attended her GP in Northern Ireland. Tests were later carried out at the Ulster Hospital in Dundonald to see if she had contracted a blood-borne disease.

Mr Justice Deery heard she had to wait three months for test results, which were negative for hepatitis and … Read More »

A 29-year-old barmaid was burned by a chemical fluid that leaked from a bottle while she worked at Howl at the Moon nightclub, Lower Mount Street, Dublin, a judge heard yesterday.

Barrister Noel Cosgrove told the Circuit Civil Court that on November 2nd, 2006, Magdalena Klimkiewicz of Bertram Court, Lamb Alley, Christchurch, was filling bottles with cleaning fluid when the incident happened.

She had been pouring water into a bottle containing sodium hydroxide, a detergent, when steam and hot liquid burst from it, burning her right arm and hands. She was taken to the emergency unit of St Vincent’s University Hospital, Dublin. She returned to work a week later.

Ms Klimkiewicz sued Mount Street Pub Ltd, trading as Howl at the Moon, which is now in receivership, for negligence.

Mr Cosgrove said a judgment against the pub owners had been obtained earlier on the … Read More »