A HORSE trainer and former jockey has been awarded €87,540 damages by a High Court judge over injuries suffered as a result of an accident in which a horse fell across him.
Michael Fitzsimons (52), Manorland, Trim, Co Meath, brought the action against Gerald Smith, the owner of a horse training yard at Meadstown House, Dunderry, Navan, over an incident on May 8th, 2006, which occurred on a public road adjacent to the training yard.
In evidence to the court, the former chef d'equipe of the Irish international horse show jumping team, Col William Ringrose, said race horses have a volatile and unpredictable nature and are "easily spooked".
As a result of the accident, Mr Fitzsimons said his leg was "pinned" to the ground and was broken and he was also subsequently diagnosed with post-traumatic stress disorder (PTSD).
Mr Fitzsimons said he was riding Zaffalong, the first of three horses being ridden out, on the road beside the training yard when a car came around a bend. He had indicated to the car driver to slow down and this was done. However, his horse was "spooked" as a result of which he was pinned under him and "got an awful bang off the road".
He said he was in a lot of pain and spent eight days in hospital and it took many months before he was out of plaster.
Mr Fitzsimons still suffered problems with his leg. He added it had taken him more than two years after the incident before he could ride a horse again as he felt very nervous.
Earlier, in cross-examination, Stephen Lanigan O'Keeffe, for Mr Smith, asked Mr Fitzsimons had he ever heard of a national hunt jockey, apart from himself, breaking a leg and going to see a psychologist.
Mr Fitzsimons replied: "I don't know that".
Mr Justice Vivian Lavan said he accepted the evidence given by both sides during the two-day hearing.
While Mr Fitzsimons was "not a great historian", he had given his evidence fairly, the judge said. While the defendant appeared to have had some doubt at the start of the case as to whether Mr Fitzsimons was employed by him or not, the court was satisfied Mr Fitzsimons was employed by the defendant, the judge added.
The judge said he had no doubt the defendant owed a duty of care to the plaintiff.
He also noted Col Ringrose had stated in a report attention to safety was needed in all aspects of working with racehorses which were described as volatile with high energy levels.
Mr Justice Lavan said he was satisfied there was a breach of duty of care on the part of the defendant in requiring Mr Fitzsimons to go out on the road when moving the animals from the stables to the gallops.
The judge also found the defendant had made out no case of contributory negligence by Mr Fitzsimons and said he was satisfied the horse had "spooked". He also accepted evidence Mr Fitzsimons suffered from PTSD as a result of the incident.