A sergeant with 18 years' service in the Army was awarded £84,022 damages by the High Court yesterday in his "deafness" action against the Minister for Defence and the State.
Making the award to Sgt Patrick Hallissey (35), of Cappoquin, Co Waterford, Mr Justice O'Donovan said this was a case where there were good reasons for departing from the formula for measuring hearing disability set out in the "Green Book" which was produced by a group of experts appointed by the State. Its formula is generally followed by the courts in Army deafness cases.
The judge said he was persuaded by evidence of an audiologist on behalf of Sgt Hallissey that the low fence threshold for a hearing disability in the Green Book distorted the extent of the soldier's high tone hearing loss to an unacceptable degree and suggested his hearing disability was significantly less that it actually was.
The judge said it would be manifestly unjust to Sgt Hallissey to determine the extent of his hearing disability on the basis of the Green Book's low fence threshold. An exception should be made to the general principle that the formula was fair and adequate.
The judge added that were he not to make an exception, the level of the plaintiff's damages would be considerably less than would be appropriate for the true extent of his hearing disability.
During his Army service, and in particular while serving in Lebanon and as a member of various Army shooting teams, Sgt Hallissey was exposed to the noise of gunfire from a variety of weaponry, including mortars.
While it was accepted by the defence that the noise was excessive, Sgt Hallissey was never provided with any adequate protection for his hearing.
Sgt Hallissey had told the court that, notwithstanding his exposure to excessive noise from gunfire without adequate hearing protection since he joined the Army, he was unaware of any problem with his hearing until 1996 when he had to take a hearing test before undergoing a course for qualification as a non-commissioned officer.
Mr Justice O'Donovan said Sgt Hallissey was no longer eligible for membership of Army shooting teams. A proven marksman who thoroughly enjoyed participating in shooting activities, he greatly missed his involvement and particularly regretted that he could never become a gunnery instructor.
The judge said he accepted evidence from Sgt Hallissey that, following his promotion to corporal, he was advised by his superiors to transfer to administrative duties if there was to be any prospect he might be promoted to sergeant. He adopted that advice and was currently engaged as an administrative orderly and had been promoted to sergeant.