Jogger who lost Curragh claim agrees to pay costs

A JOGGER who tried to claim damages after running into the path of galloping racehorses on the Curragh, while wearing headphones, has agreed to pay the substantial legal costs of his failed case.

The size of the agreed bill was not disclosed, but Gary Turner could face a six-figure bill for six days in the High Court.

Judge David Keane ruled that Mr Turner had not established any negligence on the part of the racehorse trainer, Tracey Collins, or the Curragh Racecourse.

Judgment was given last month, but his counsel asked for time to consider the judgment, in case Mr Turner wanted to appeal.

Yesterday, Fergal McMorrow BL, for Mr Turner, confirmed that the case had run its course.

He told Judge Keane: ‘The matter can be dealt with on consent. The plaintiff has agreed to discharge the defendants’ agreed costs.’

Mr Turner, 52, of Walshestown Abbey, Newbridge, Co. Kildare, had told the court he feared he would be trampled to death in the accident on Saturday, September 6, 2014.

Failed court case: Gary Turner

He claimed he had dislocated his shoulder, and still suffers from a range of physiological and psychological problems, including back pain and post-traumatic stress disorder.

Judge Keane extended his sympathies to him, but said: ‘I conclude that the cause of the accident was Mr Turner’s failure to keep a proper look out, together with his use of earphones to listen to music, impeding – if not eliminating – his ability to hear the approach of the racehorses or the shouted warnings of their approach.’

The judge added: ‘He could have avoided the accident by the simple and straightforward expedient of stopping or slowing down… I can find no responsibility, and hence no liability, for those injuries on the part of any of the defendants.’

‘He could have avoided the accident’