Motorcycle garda settles legal claim

A 42-year-old motorcycle garda, who collided with the rear of a stationary truck after his helmet got caught in his epaulette, has settled for an undisclosed sum a €38,000 damages claim against his employer.

Garda Paul Burke alleged that on Feb 22, 2005, he was looking over his shoulder while changing lane on St John’s Road West, Dublin, when his helmet became entangled in the metal numbers on his epaulette.

He claimed in the Circuit Civil Court he had been taken by ambulance to the emergency & department of St James’s Hospital, Dublin, where X-rays had revealed a fracture of his left tibia.

A plaster back slab had been applied to his leg and he had remained in hospital for a week. His cast had been replaced and he was discharged on crutches. He had remained in plaster for several months.

Garda Burke, of Rathcoole Park, Rathcoole, Co Dublin, claimed his fracture was slow to heal and he felt pain when bearing weight. He had needed crutches for half a year.

He had been unable to walk long distances or to return to running and soccer activities. He sued the Department of Justice and Equality for negligence and breach of duty.

The authority had denied liability and had entered a full defence to Garda Burke’s claim.

Yesterday, barrister David Richardson told Judge Alan Mahon that Garda Burke had settled his claim and the case could be struck out.