ERIN TRACEY QUIGLEY -V- DAMIEN MCDAID AND MAURA MCDAID

Londonderry County Court
20 October 2003
Judge McFarland

The plaintiff claimed that on 12 December 1997 she was thrown from a pony which she had been instructed to exercise by the defendants. As a result of the incident Ms Quigley sustained a severe ankle injury requiring two operations under general anaesthetic. Although medical reports stated that she had made a full recovery, Ms Quigley maintained that she was still experiencing 'excruciating' pain in her ankle.

The defendants claimed that they had not given any such instruction and had indeed explained to the plaintiff that she should not go riding that day as there was no supervision available.

Judge McFarland believed it was a matter of common sense not to allow an inexperienced horse-rider such as Ms Quigley to ride unsupervised. He surmised that the case was merely a question of fact, whether he believed that the defendants had instructed Ms Quigley to ride unsupervised and if so whether she had contributed to her own injury. On the whole Judge McFarland preferred the evidence of the plaintiff finding the defendants liable for her injury.

The judge however failed to accept that her injury was still causing Ms Quigley pain, taking into account the medical evidence along with the fact that she had not sought any further medical treatment for the ankle injury since the final operation some 5 years ago.

The plaintiff was awarded the sum of £9,000 which was reduced by 50% as he believed she had contributed to her own injury, by failing to consider her own inexperience and the weather conditions on the day of the accident.