Former jockey Freddy Tylicki has won his High Court case against Graham Gibbons over the 2016 fall at Kempton that left him partially paralysed. Judge Karen Walden-Smith, in finding Gibbons liable for Tylicki's injuries, said Gibbons had ridden with “a reckless disregard for Mr. Tylicki's safety” when manoeuvring his mount, Madame Butterfly, into the path of Tylicki's, Nellie Deen, causing the fall that left Tylicki with life-changing injuries.
“If Mr. Gibbons was not aware of Nellie Deen's presence he clearly should have been,” said Walden-Smith. “He was considered to be a highly skilled and talented jockey, and a jockey, particularly riding at this very high level, both needs to be, and is, able to assess and reassess the constantly changing racing conditions, which includes the positioning of other horses that are nearby, in order to be able to adjust their own riding and tactics.”
“Mr Gibbons knew, or at the very least ought to have known, that Mr Tylicki was inside on the rail and had moved up to within a half-length of Madame Butterfly,” she continued. “He exerted real pressure on the right-hand rein of Madame Butterfly in order to bring her across Nellie Deen's racing line and did not stop bringing her in close to the rail even after the first collision. While that might, in some circumstances, be considered a short period of time…this was a sufficient period of time for a skilled jockey to make decisions.”
Tylicki said after the ruling, “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 judgment 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.”
The British Horseracing Authority said in a statement, “The BHA will consider today's 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.”
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