Judge Karen Walden-Smith has ruled that former jockey Graham Gibbons was responsible for the fall that led to jockey Freddy Tylicki becoming paralysed from the waist down.
Tylicki was seeking £6m damages against Gibbons in a five-day hearing at the High Court in London over an incident at Kempton in October 2016.
Walden-Smith found in favour of the plaintiff and ruled that it was the actions of Graham Gibbons on the balance of probabilities that led to the injury. The judge stated that his actions were “undertaken in reckless disregard for the safety of Mr Tylicki”.
The judge wrote in her judgement: “In this case, the actions of Mr Gibbons riding Madame Butterfly on 16 October 2016, colliding with Nellie Deen mounted by Mr Tylicki, were not mere lapses of concentration or inattentiveness.
“The actions of Mr Gibbons were, for the reasons I have found and based on the detailed evidence I have scrutinised, undertaken in reckless disregard for the safety of Mr Tylicki.
“In the circumstances of this particular race, I have therefore found that liability has been made out.
“In making that finding, I stress that the threshold of liability for negligence is a high one and has been determined as made out in this case, on its own particular facts. The finding does not set a precedent either within horse racing or in sport generally.”
After winning the court case, Tylicki released a statement which read: “I am of course delighted by today’s judgement and the court’s confirmation that, contrary to the views of the BHA Stewards, my fall at Kempton Park on 31 October 2016 was caused by the reckless riding of Graham Gibbons.
“Today’s result has finally provided me with closure, and I look forward to putting this all behind me and moving on with my life. I hope though that this judgement acts as a reminder that competing in a dangerous sport like horse racing is no justification for competing with a reckless disregard for the safety of your fellow competitors.
“I hope also that this case causes the BHA to investigate why its Stewards make about one finding of dangerous riding every ten years and whether that is, in reality, any kind of deterrent at all.” Despite the severity of his injuries, which left him paralysed from the waist down, Tylicki is still involved in the sport and continues to work as both a broadcaster and a bloodstock agent.
Speaking about his injuries and his inability to ride anymore, Tylicki said: “It broke my heart, in the beginning, to see my colleagues walk by me and do the job I used to love to do. Now I can’t even walk anymore, never mind riding a horse.
“It took a long time for me to accept these things. It made me sad – it still does now most days – but there’s nothing I can do about it now. It’s a case of getting on with life as best as possible and making the most of it.”
The British Horseracing Authority released a statement on the case stating: “We will consider the High Court judgement in detail and carefully assess what implications it may hold for British racing, in discussion with industry stakeholders.
“The full transcript of the hearing will also allow us to consider any of the other relevant matters which were raised over the course of the hearing.”
