Injury case against council rejected
A MAN who was injured when he was struck by a horse at Smithfield fair three years ago has lost an attempt to make a council pay him compensation.
The High Court dismissed the man's claim that Dublin City Council should be liable for the injuries he suffered.
Retired engineer Patrick Loughran (64), of Swords, Co Dublin, claimed the council had a duty of care to him arising out of the accident on February 3, 2008, when a horse and a small carriage, called a sulky, collided with him.
The owner of the vehicle was never identified.
Mr Loughran said he was standing on the pavement when two sulkies racing one another came toward him.
One mounted the footpath and he was struck by the horse and thrown over a bollard, leaving him with injuries to his shoulder, neck and back.
He claimed the council was negligent by allowing the fair to take place and failed to provide adequate supervision over it.
It was also alleged the council failed to manage and control horses and sulkies.
The council also allegedly failed in its duty to take reasonable care for the safety of pedestrians and failed to remove forseeable dangers, like bollards.
However, the council denied the claims and said it had no role in the running of the fair and had been trying to have it closed down for years.
The case had been dismissed in the Circuit Court and came before the High Court on appeal.
Yesterday, Mr Justice Paul Gilligan also dismissed it saying that, while the owner of the sulky may have had a liability, no case was made out against the city council.
He also took account of evidence from the council that it had been calling for legislation to have the fair closed down.