Former garda awarded €43k for arm injury

Former garda and keen angler James Moynihan, whose fly fishing arm was seriously hurt in a scuffle with late night revellers, has been awarded damages of just over €43,000 in the High Court.

Mr Justice Paul Gilligan said that Garda Moynihan also continued to suffer shoulder pain during wet or cold spells and was unable to raise his arm above his head since having been injured while attempting to make an arrest in 2006.

Garda Moynihan, of Buttevant, Co Cork, who retired in 2008 and now drives a minibus for a local clinic, told a garda compensation hearing that 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 February 26, 2006 when shortly after 2am he and a colleague attempted to move on a group of rowdy youths outside a disco.

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.

Moynihan told Judge Gilligan medical investigation later revealed he had suffered a partial rotator cup tear of his right shoulder for which he had to undergo manipulation under general anaesthetic.

He said his arm had been in a sling for several weeks and he had to have physiotherapy weekly for almost a year. For a period after the injury he had been in severe pain.

Garda Moynihan said he had been transferred to clerical duties until his retirement in 2008 after which he had taken up a part time job of driving mentally handicapped patients too and from a local clinic.

He said he had been a keen fly fisherman and would fish up to four times a week prior to his shoulder injury.

“I found I was unable to cast the fly with my right arm and had to train myself to do it with my left. I cannot properly control the line or the fly and I haven’t gone fishing as often. It can be really frustrating,” he told the court.

Judge Gilligan, awarding Moynihan €30,000 general damages and €13,229 special damages for hospital and other expenses, said the former garda had presented his symptoms very reasonably.

He said Mr Moynihan would not be able to carry out any heavy work such as gardening and his pastime of fly fishing had and would be significantly restricted.