A HIGH Court judge has awarded €30,000 aggravated damages to a solicitor because of “outrageous” claims of fraud made against him relating to his action for damages for personal injuries sustained when he fell off a horse.
On the first day of the case brought by solicitor John Hennessy against Michael Cusack, trading as Adare Manor Equestrian Centre, Adare, Co Limerick, Mr Justice John Quirke was told the defence case was that Mr Hennessy did not undertake a riding lesson on the day in question and was not injured on the centre’s premises.
In later cross-examination, it was put to him his claim was fraudulent but the claims of fraud were later withdrawn during the trial. The judge noted the decision to make the claim of fraud was apparently made by the indemnifiers of the defendant, understood to be a UK group.
The €30,000 aggravated damages was part of a total €75,000 award made yesterday by Mr Justice Quirke to Mr Hennessy (39), practising in Swords, Co Dublin, over injuries sustained when he fell off a horse at the Adare Manor Equestrian Centre on February 22nd, 2004.
Mr Hennessy claimed he was an inexperienced horse rider and was provided with a horse which he was not competent to ride or adequately control. He also claimed he was not adequately instructed. The defence denied the claims and also pleaded contributory negligence by Mr Hennessy.
The judge found Mr Hennessy sustained his injuries as a result of negligence and breach of duty of the defendant. In awarding €45,000 damages for the injuries, the judge said he was satisfied Mr Hennessy lost control of his horse and his subsequent fall and injury were due to an unsafe practice relating to an employee leaving him alone and unsupervised.
The judge said the case was dominated by a most serious allegation of fraud against Mr Hennessy which was maintained over two full days of evidence. This allegation was made with disregard for the consequences on his reputation, the judge added.
He was awarding Mr Hennessy the additional €30,000 aggravated damages to compensate him for the added hurt and insult caused by the defendant’s “outrageous conduct” and to deter the defendant and his indemnifiers from similar conduct in the future.