A racehorse rider who claims he was suddenly thrown off a horse he was exercising for high-profile trainer Jessica Harrington and suffered multiple fractures to his back has sued in the High Court.
Exercise rider and now trainer Mark Fahey told the High Court "the horse disappeared from underneath me" adding he "hit the bank".
He told Mr Justice Michael Hanna he was exercising the two-year-old gelding for the Harrington yard when the incident happened seven years ago.
At the opening of the case, Mr Fahey's counsel, Jonathan Kilfeather SC, instructed by Coonan Cawley solicitors, said at issue was the use of a stable bandage on one of the front legs of the horse which Mr Fahey believed was cut open by repeated striking of the bandage by the horse’s hind leg.
"It was the equine equivalent of standing on your own shoelace," Counsel said.
The Harrington side, which denies liability, has contended the bandage used is the correct and safe one to use and is the type of bandage used worldwide for training horses.
It is further contended that what happened was an unfortunate accident which was not caused as a result of any alleged act or omission on the part of the Harrington side.
Mark Fahey (35), of Cloneygad, Monasterevin, Co Kildare, has sued thoroughbred racehorse trainer Ms Harrington, of Commonstown Stud, Moone, Co Kildare, and Jessica Harrington Racing, of the same address, as well as Commonstown Racing Stables Ltd, with an office at Commonstown Stud.
On August 24th, 2015, Mr Fahey claimed he was thrown from a two-year-old gelding while he was riding on a sand gallop.
He has claimed he was allegedly required to exercise a thoroughbred racehorse on the sand gallop while bandaged and when it was allegedly unsafe to do so. He has further claimed there was an alleged failure to ensure that the racehorse was exercised with protective boots rather than bandaging.
The racehorse, he has alleged, was caused to trip up and lose his balance due to having allegedly cut open the bandages which had been applied to his forelegs.
Mr Fahey claimed he was thrown heavily to the ground and suffered immediate and severe back pain, as well as dental injuries, and was taken to hospital.
All the claims are denied and it is contended by the Harrington side that the incident was in the nature of an unfortunate accident which occurred in circumstances where the horse was caused to fall, which is a risk it says is accepted by a professional rider.
Contributory negligence
It is further claimed there was alleged 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 allegedly 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 claimed on the day of the incident he was told they had to put on the stable bandages on the horse's front leg and he put insulating tape over the bandage.
He said he was in a lot of pain after the fall and told another rider to call an ambulance. He said he did not see what happened to the horse in the fall.
He added his teeth were broken in the incident and 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.
Counsel for the Harrington side, Stephen Lanigan O’Keeffe SC, put it to Mr Fahey that the reality is that they just do not know what happened. Mr Fahey said it was a matter of opinion.
Counsel suggested Mr Fahey was wrong to criticise the use of bandages. Mr Fahey replied he had not changed his opinion.
The case continues before Mr Justice Michael Hanna.
