€43,000 award to ex-garda hurt in late night arrest
Published 31/05/2011 | 05:00
A FORMER garda whose arm was seriously injured as he attempted to make a late-night arrest has been awarded €43,000 at the High Court.
James Moynihan, a keen angler who retired from the force in 2008, told a garda compensation hearing his shoulder had been wrenched when his right arm was swung back over his head by the man he was attempting to restrain.
He said he was on duty in Charleville, Co Cork, on 26 February, 2006 when he and a colleague attempted to move a group of rowdy youths from outside a disco shortly after 2am.
He had gone to his colleague's assistance and was holding one youth by the arm when the youth attempted to head butt him.
As he stepped backwards to avoid the blow the youth had forced his arm back over his right shoulder.
Mr Moynihan told Mr Justice Paul Gilligan medical investigation later revealed he had suffered a partial rotator cup tear of his right shoulder.
The judge awarded Mr Moynihan €30,000 in general damages and €13,229 in special damages for hospital and other expenses.