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