Soldier settles claim for injury to her back

A part-time soldier who injured her back while undergoing training manoeuvres has settled a €38,000 damages claim against the…

A part-time soldier who injured her back while undergoing training manoeuvres has settled a €38,000 damages claim against the Minister for Defence for an undisclosed sum.

FCA Private Theresa O'Brien claimed in the Circuit Civil Court that she had fallen while attempting to scale a seven-foot wall at Kilbride training camp in the Dublin Mountains.

Private O'Brien (31), Kilmore West, Dublin, claimed that in April 1996 during training she had been required to undertake dangerous manoeuvres while carrying a weighty back pack and rifle.

She alleged she had been ordered to climb the seven-foot wall by running towards it, jumping onto a launching pad - a rifle held between two other soldiers - and launching herself to the top of the wall.

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Private O'Brien claimed that under the heavy weight of her combat kit, she had fallen backwards against the cocking mechanism of the rifle, seriously injuring her back.

She sued the Minister for Defence for alleged negligence and breach of duty. A full defence denying liability had been entered on behalf of the Minister.

Ms Pauline Walley, counsel for Private O'Brien, told Judge Elizabeth Dunne that the action had been settled and could be struck out with an order for the plaintiff's costs to be taxed in default of agreement.