Contains public sector information licensed under the Open Justice Licence v1.0.
MILLY MORRISON AGAINST JAMES OAKDEN
Factual and Procedural Background
The Plaintiff, employed as a stable hand by the Defendant at a farm in The City, suffered serious injuries in an accident on 21 July 2015 while exercising a horse recovering from injury. The horse, Macamore, had been on a restricted exercise regime and was misbehaving when ridden earlier that day by a different rider. The Defendant instructed the Plaintiff to ride Macamore but directed her to avoid the track used earlier. During the ride, Macamore misbehaved, causing the Plaintiff to fall and sustain serious injuries including maxillofacial trauma, a head injury, and a spinal fracture.
The Plaintiff claimed damages for personal injury, loss of earnings, and other related losses. Liability and some aspects of quantum were disputed. The court heard evidence from both parties and experts regarding the horse's behavior, the Plaintiff's competence, and the circumstances of the accident. The court also considered medical evidence relating to the Plaintiff's injuries and their impact on her career.
Legal Issues Presented
- Whether the Defendant was liable for the injuries sustained by the Plaintiff due to negligence in instructing her to ride Macamore under the circumstances.
- Whether the Defendant reasonably foresaw the risk of injury to the Plaintiff given the horse's recent behavior and restricted exercise regime.
- The extent of the Plaintiff's damages, including causation of discontinuing her nursing degree and the quantification of wage loss and other claims.
Arguments of the Parties
Plaintiff's Arguments
- The horse was recovering from injury and had been on a restricted exercise program, making it more likely to misbehave.
- The Defendant knew or ought to have known that Macamore was excitable and misbehaved on the first ride that day and that it was unsafe to have the Plaintiff, a young and relatively inexperienced rider in this context, ride the horse alone on a challenging track.
- The Defendant failed to adequately mitigate the risk by not providing supervision, not ensuring the Plaintiff was fully informed of the horse's behavior, and by instructing her to take a route with inherent risks.
- The Plaintiff suffered serious injuries and consequential losses, including the need to discontinue her nursing studies due to back pain caused by the accident.
Defendant's Arguments
- Macamore was a well-trained, obedient horse with no significant behavioral issues during rehabilitation.
- The Plaintiff was a competent and experienced rider capable of managing Macamore safely.
- It was not reasonably foreseeable that Macamore would misbehave to the extent that caused injury; the Defendant took reasonable steps by instructing the Plaintiff to avoid the track used earlier and assessing the risk dynamically.
- The Plaintiff's discontinuation of nursing studies was not causally connected to the accident as medical evidence indicated no long-term predisposition to back pain requiring this change.
Table of Precedents Cited
Precedent | Rule or Principle Cited For | Application by the Court |
---|---|---|
Kennedy v Cordia (Services) LLP [2016 SC (UKSC) 59] | Requirement of risk assessment as a precursor to employer's duty of care. | The court recognized the necessity of the Defendant making a reasonable risk assessment to determine precautions for the Plaintiff's safety. |
McGregor v LMRS Farm Ltd [2007] CSOH 153 | Assessment of risk and matching of horse and rider competence. | The court drew analogy to the judgment required in matching rider competence with horse temperament, emphasizing it as a matter of reasonable judgment rather than strict science. |
Court's Reasoning and Analysis
The court accepted the Plaintiff's account of the accident and the injuries sustained. It acknowledged the well-recognized risk within the equestrian industry that horses are more likely to misbehave after periods of restricted exercise, as supported by expert evidence and industry literature. The court found that the Defendant knew Macamore had been excitable and had reared during an earlier ride that day, and that it was reasonably foreseeable that the horse might behave similarly with the Plaintiff.
However, the court was not persuaded that the Defendant foresaw a risk of injury significant enough to constitute negligence. It found that the Defendant took reasonable steps to mitigate the risk by instructing the Plaintiff to avoid the same track and by assessing the situation dynamically based on the Plaintiff's competence and the horse's characteristics. The court did not accept the Plaintiff's argument that the horse would necessarily misbehave more on the second ride, as this was not established by recognized industry knowledge.
The Defendant's judgment that the Plaintiff was competent to ride Macamore under the circumstances was considered reasonable, and no evidence indicated that the Defendant should have prevented the Plaintiff from riding the horse or taken additional precautions such as accompaniment by another rider.
Regarding causation for discontinuing nursing studies, the court accepted medical expert evidence that the accident did not cause a long-term predisposition to back pain requiring such a change. It found the Plaintiff's decision to change courses was based on advice from her general practitioner, which did not align with expert medical opinion, and thus no causal link was established for damages on that basis.
Holding and Implications
The court DISMISSED the Plaintiff's claim against the Defendant, finding no breach of the Defendant's duty of care and no sufficient causal connection for some elements of damages.
The direct effect of this decision is that the Defendant is not liable for the Plaintiff's injuries or related losses arising from the accident. The court did not establish any new legal precedent but applied existing principles of employer liability, risk assessment, and causation in personal injury claims within an equestrian context.
Please subscribe to download the judgment.
Comments