An Army corporal who was accidentally struck on the hand with a pick by a sergeant during a trench-digging exercise was awarded £15,600 damages by the High Court yesterday.
Mr Justice Kinlen made the award to Mr Patrick Holohan (48), Gurteen, Castlecomer, Co Kilkenny, against the Minister for Defence and the State, as a result of the accident at the Glen of Imaal on November 6th, 1991.
The judge said Cpl Holohan's injuries were not too serious and did not seem to interfere with his promotional or service overseas prospects.
Cpl Holohan sustained a fracture to the base of the fifth metacarpal on the right hand during the trench digging exercise. He was in extreme pain and pumping blood. He was put in an ambulance and taken to a room at Glen of Imaal where he was left sitting for about four hours.
Mr Justice Kinlen said he was in such pain that he tried hitching to Naas Hospital. However, he was too weak and came back to the room. A Land-Rover took him to The Curragh Hospital and he was later transferred to Naas Hospital.
He had a compound fracture and because of serious swelling they could not operate immediately. On November 15th he was moved to the Meath Hospital. He had been unable to manage the usual work on his farm since then and had taken on help.
Mr Justice Kinlen said there was no negligence in the design or execution of the work carried out during the military exercise. The court did not accept that there was undue pressure on the trained men to cope with a comparatively simple digging operation. If strict health and safety regulations were applicable, it would impede training very seriously. Indeed, it would be counterproductive, the judge said.
The sergeant involved in the trench digging was clearly negligent, the judge said. He got into the trench knowing Cpl Holohan was working there. He was behind the corporal who was not aware of his existence there. The corporal saw he was moving backwards towards him. He struck him accidentally with his pick.