Lourdan v Minister for Public Expenditure and Reform

Factual and Procedural Background

The Applicant, born in 1973, joined the police force in 1993 and served in various stations before being assigned to the Traffic Corps in 2007. On 13th November 2007, while on duty as an observer in a marked patrol car, the Applicant and a colleague attempted to stop a vehicle driven by a person known to be involved with illicit drugs. The driver fled at high speed, driving dangerously and causing collisions before being apprehended. The female passenger exited the vehicle and was chased and apprehended by the Applicant.

During the arrest, the Applicant was violently assaulted by both the passenger and the driver, suffering multiple blows to her face, neck, and legs over a prolonged struggle lasting approximately twenty minutes. The incident resulted in significant physical and psychological injuries to the Applicant.

The Applicant received medical treatment and underwent examinations by multiple medical professionals for both physical and psychological injuries. She was unable to return to work until mid-2009 and has since been assigned to less confrontational duties.

The case concerns the Applicant's claim for damages under the Garda Síochána (Compensation) Acts 1941 - 1945, arising from the assaults sustained during the course of her duties.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court carefully examined the medical evidence presented by both parties, including reports from multiple specialists concerning the Applicant's physical and psychological injuries. The analysis distinguished between pre-existing medical conditions and injuries directly caused or aggravated by the assaults. The court accepted the evidence that the Applicant sustained permanent neuropathic facial pain causally related to the incident, requiring ongoing medication. It also found that dental injuries necessitated future restorative treatment. The court acknowledged the Applicant's psychological trauma, including post traumatic stress disorder, and accepted the treating psychiatrist's assessment of the severity and ongoing nature of these symptoms.

The court considered the Applicant's capacity to work, noting that while the physical injuries were not vocationally disabling, the psychological effects had significantly impacted her ability to perform confrontational duties. The court also addressed the Applicant’s pre-existing medical history, concluding that prior back pain was attributable to other conditions and did not undermine the claim for injuries sustained in the assault.

In assessing damages, the court accepted actuarial evidence relating to the cost of future dental care and considered relevant financial principles, including reference to a recent judgment on the real rate of return, although no actuarial evidence was led on that point in this case.

Holding and Implications

The court AWARDED DAMAGES to the Applicant in the total sum of €155,873.54, comprising €20,873.54 for special damages including future dental care, and €135,000 for general damages covering past and future pain and suffering.

The decision directly compensates the Applicant for the physical and psychological injuries sustained in the course of her duties. No new legal precedent was established, and the ruling primarily applies the existing statutory and evidential framework to the facts of this case.