Courts

Rider’s action against trainer Jessica Harrington over fall is resolved

The defendants had denied negligence and claimed a horse falling is a risk accepted by a professional rider

Jessica Harrington leaving the High Court this week. Photograph: Collins Courts

Wed Nov 2 2022 - 12:57

An action brought by a racehorse rider who claimed he suffered multiple fractures when he was thrown off a horse he was exercising for trainer Jessica Harrington has been resolved, the High Court has heard.

Counsel for the exercise rider and now trainer Mark Fahey (35) told the High Court on the second day of the hearing on Wednesday that the matter had been resolved.

The court heard “an accommodation had been reached” and the proceedings could be struck out.

Counsel for Jessica Harrington, Grainne Berkery BL, said the defendants consented to the strike-out. They denied the claims.

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Striking out the case, Mr Justice Michael Hanna said he was happy the matter had been resolved.

Mr Fahey had claimed he had been exercising a two-year-old gelding for the Harrington yard seven years ago when, he said, “the horse disappeared from underneath” him.

At the opening of the case, his counsel, Jonathan Kilfeather SC, instructed by Coonan Cawley solicitors, said the use of a stable bandage on one of the front legs of the horse was at issue. Mr Fahey believed it was cut open by repeated striking of the bandage by the horse’s hind leg.

The defendants, who denied liability, contended the bandage used was correct and safe and the type used worldwide for training horses.

It was further contended that what happened was an unfortunate accident that was not caused by any alleged act or omission on the part of the defendants. They said a horse falling is a risk accepted by a professional rider.

Mr Fahey, of Cloneygad, Monasterevin, Co Kildare, had sued Ms Harrington, of Commonstown Stud, Moone, Co Kildare, and Jessica Harrington Racing, of the same address, as well as Commonstown Racing Stables Ltd, which has an office at Commonstown Stud.

He claimed he was thrown from a two-year-old gelding while he was riding on a sand gallop on August 24th, 2015.

He alleged the racehorse was caused to trip up and lose his balance due to having cut open the bandages which had been applied to his forelegs.

Mr Fahey claimed he was thrown heavily to the ground, and he suffered immediate and severe back pain and injuries as well as dental injuries and was taken to hospital.

All the claims were denied, and the defendants further claimed there was contributory negligence on behalf of Mr Fahey in that he allegedly failed to exercise a reasonable level of care for his own safety and he was the author of his own misfortune.

In evidence, Mr Fahey said he had exercised the horse every day over two or three weeks and on the sand gallop five or six times.

He said his teeth were broken in the August 24th incident and he was very grateful to Ms Harrington who paid for the dental work and also paid him for a time while he recovered from the fall.

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