The UK High Court has sanctioned a settlement of €35,000 in response to a lawsuit regarding an injury supposedly sustained by an eight-year-old female during a pony fall six years before. The presiding judge, Mr Paul Coffey, expressed no reservations in approving the sum given the significant risk involved in pursuing further litigation with the hope of a larger court award.
Eleni Iacovou, who was represented by her mother, Rosemarie Doherty, alleged she fell off a pony at a riding lesson in Laragh, Maynooth, Co Kildare on June 29th, 2018. Now 14 years old, Ms. Iacovou claims she landed on a plastic jump block injuring her elbow. This injury necessitated two surgeries and a possible third operation. The court heard the incident has also psychologically impacted her.
Ms. Iacovou, who resides in Dublin, alleged her injuries were a result of negligence and duty breach by Mr. Vincent Dempsey, who operates Blackberry Stables Riding School. Mr. Dempsey denied all allegations and agreed to settle the case without accepting liability.
Senior counsel, Jeremy Maher of Ferrys Solicitors, stated that though Ms. Iacovou has made a good recovery, she does bear visible scarring on her arm. He suggested that a fully successful lawsuit could have resulted in damages awarded between €50,000 to €70,000 but recognized the case was challenging with a chance of total loss. The family and lawyers agreed that the settlement was the right decision.
In addition to the €35,000, the defendant will also cover the legal costs at the Circuit Court level. Ms. Iacovou’s lawsuit alleged that the short length of the saddle stirrup led to her fall, but the riding school counter-argued that both an instructor and assistant had checked the stirrup length. Additionally, the school disputed Ms. Iacovou’s expert’s claim that the pony was unsuitable and that it was unclear whether the plastic block left on the ground was appropriate or even if Ms. Iacovou had contact with it.
In the viewpoint of Judge Coffey, the method adopted for concluding the lawsuit and eliminating the risks associated with litigation was commendable and sensible. He further stated that the true nature of these instances is the innate hazard involved in horse riding.
He noticed a continual disagreement between the two parties regarding every aspect of the lawsuit, questioning if the defendant was even guilty of negligence.
The judge condoned the resolution and ordered that the amount of €35,000 should be deposited in court. Upon reaching her 18th birthday, this sum will be presented to Eleni.