Ireland

Garda and former Tipperary hurler receives €1.16m damages for back injury

Aidan Flanagan playing for Tipperary in the 1997 National Hurling League
Aidan Flanagan playing for Tipperary in the 1997 National Hurling League Aidan Flanagan playing for Tipperary in the 1997 National Hurling League

THE south's finance minister has agreed to pay a garda and former Tipperary hurling captain €1.16 million for injuries suffered after being kicked in the back while making an arrest.

Garda Aidan Flanagan (44) had earlier been awarded by Mr Justice Bernard Barton compensation of €175,000 general damages and €45,000 for loss of opportunity.

The judge had adjourned ruling a final outcome pending a review of negotiations between counsel for the minister and Garda Flanagan.

Counsel for the minister told the judge yesterday a consent order for €1.16m could be made in Garda Flanagan's favour.

Garda Flanagan, of Midleton, Co Cork, had suffered the injury when he was aged 30 while arresting a youth following a store burglary.

The youth had consumed a bottle of vodka and a quantity of tablets shortly before his arrest.

While entering the back seat of a car to restrain the handcuffed teenager, the youth directed a kick to the small of Garda Flanagan's back, the court heard.

Garda Flanagan, who had captained the Tipperary senior county side in the National Hurling League in 1997, made a claim for general damages and recurring pecuniary losses.

Judge Barton said that over the years there had been such a serious deterioration in Garda Flanagan's physical and mental capacity due to ongoing chronic pain, that he had felt he could no longer serve as a garda and had applied unsuccessfully to be retired on health grounds.