An action for damages for hearing loss taken by a former Army corporal was adjourned at the High Court yesterday after lawyers for the State expressed doubt about the identity of the plaintiff.
The case opened before Mr Justice Johnson on Tuesday and was due to resume yesterday when Mr Paul Butler SC, for the Minister for Defence, asked for a short adjournment. Counsel said identity had become an issue in the proceedings.
Former Army Cpl Maurice Healy (66), of Roches Buildings, Blackpool, Cork, is seeking damages for hearing loss which he alleges was sustained during his period in the Defence Forces - from January 8th, 1952, to January 7th, 1964 - when he alleges he was exposed to excessive noise from weapons fire.
Mr Healy, who was attached to infantry battalions in Athlone, the Curragh and Cork, alleges his hearing deteriorated over the past 30 years. In evidence, he said he had to use hearing aids in both ears for the past five years.
Mr Healy's solicitors described him as "tone deaf" and a person who could no longer enjoy listening to music. It was claimed that Mr Healy, a former hackney and taxi-driver, had to give up that job because of his inability to hear either instructions on the car's intercom or his passengers in the car.
Confusion arose in the case when it became apparent that Army documents, including medical records which were handed into court referred to a Michael Healy who had enlisted in the Defence Forces around the same time as Maurice Healy.
After a short adjournment at the request of the State, Mr Butler asked for a longer adjournment. He suggested a period of three weeks to enable further inquiries to be made and pointed out that the service record of Michael Healy was almost the same as for the plaintiff.
Mr Justice Johnson said it was quite clear that Michael Healy was not Maurice Healy's correct name.
Granting the adjournment, Mr Justice Johnson said he would put the case in for mention on April 4th. He awarded the costs of the last two days of the hearing to the plaintiff.