Man who injured shoulder while loading horse awarded €92,000 damages
Injured man claimed trainer had not assisted him when horse became ‘spooked’

Tue, Jul 25, 2017, Irish Times

A man who injured his shoulder while loading a horse onto a lorry for well known trainer has been awarded €92,000 damages at the High Court.

A stay on the award applies in the event of an appeal on terms including the defendant pay half - €46,000 - to the Plaintiff.

He had sued his trainer, over the incident at the stud on November 18th 2013. The man said he sustained the injuries after a horse he placed into a lorry became “spooked” and fell.

Mr Justice Michael Hanna said he was satisfied the defendant had been negligent and the man was entitled to damages totalling €92,000, plus his legal costs.

The man (65),  represented by David Kennedy SC, Michael Murray BL and Downes Solicitors, claimed the defendant had not assisted him when he was completing the task of leading a horse into a partitioned horse transport vehicle.

The court heard a four year old horse being put into a lorry became unsettled when he was attempting to secure it in the vehicle.

It was claimed the trainer was present at the time and should have been assisting him with the horse but did not.

As a result of the horse becoming unsettled, he fell and suffered an injury to his left shoulder which required surgery.

He claimed the defendant was negligent and breached her statutory duty under the 2005 Safety Health and Welfare at Work Act and failed to provide him with a safe system of work.

Denying the claims, the trainer said the horse was on the ramp of the lorry when it became unsettled causing him to fall. She also claimed the Plaintiff contributed to his own injuries, had not handled the horse in a proper manner and she was not liable for his injuries.

In his judgment, Mr Justice Hanna said there was a conflict in the evidence but he preferred the Plaintiff's version of events.

The Plaintiff was an experienced horse man and had worked for renowned international trainers, he noted.

The judge also held the trainer was man’s employer at time of the accident, be it on a casual basis for which he was paid for his services in cash.

At the time of the incident the defendant owed him a duty of care, the judge held.

http://www.irishtimes.com/news/crime-and-law/courts/high-court/man-who-injured-shoulder-while-loading-horse-awarded-92-000-damages-1.3166812