A JOCKEY whose hip was smashed in an accident at Mallow racecourse seven years ago had his award increased from £29,500 to £47,500 by the Supreme Court yesterday.
Mr Anthony Powell claimed that on May 24th, 1989, he received serious injuries when a horse he was riding, Tandown, failed to negotiate the first bend after the stand, jumped over a parked car and pinned him against a wall.
The jockey, who lives at Eagle Lodge Stables, Kilcullen, Co Kildare, sued Mallow Race Co (1939) Ltd for damages for his injuries which included a fracture of his left wrist, serious leg and hip injuries, chest bruising and severe shock.
Initially, he was taken to Mallow Hospital and later he was transferred to Navan Hospital. He had a hip fracture and a screw had to be inserted in a difficult operation. He returned to riding the following October.
Mr Powell (37) claimed there was negligence because there had been no running rail on the outside of the bend where the accident occurred. He also claimed that two ambulances, two cars and a tractor and trailer were permitted to be parked outside the bend.
In the High Court in July 1992, Mr Powell was awarded £29,500 damages. Both sides appealed the finding to the High Court.
Mr Powell claimed the award was inadequate. The company appealed the finding of negligence and submitted that the real cause of the accident was that the horse was out of control rather than the presence of a car on the track.
Giving the Supreme Court's judgment yesterday, the Chief Justice, Mr Justice Hamilton, said the trial judge had come to the conclusion that it was the presence of the car on the track that had caused the accident.
He was satisfied there was credible evidence on which the trial judge could have ruled that the cause of the accident was the negligence of the defendant in allowing the car to be on the track. He dismissed the company's appeal against the finding of liability.
The Chief Justice said Mr Powell had suffered very serious injuries, which had limited his movements. The pain was accentuated considerably when Mr Powell did exercises aimed at limiting the effect of the injuries.
There was a possibility that he might suffer arthritis in his hip which would shorten his career.
This was not a matter of probability but of very real possibility which was increased the more he used his hip, the court was told.