The 'reckless' riding of two top jump jockeys caused the accident in which another rider broke his back, the High Court in England was told today.
Adrian Maguire, 29, and Mick Fitzgerald, 30, are being sued for negligence in the first case of its kind by 36-year-old Peter Caldwell, whose career was wrecked after his fall at Hexham six years ago.
Mr Justice Holland, sitting in Manchester, was shown a video recording of the two-mile hurdle race in which Caldwell, riding Fion Corn, was brought down when another horse Royal Citizen, ridden by Derek Byrne, fell in front of him.
Lord Brennan QC, for Caldwell, claimed the fall was caused when Maguire, riding the eventual winner Master Hyde, and Fitzgerald, on Mr Bean, rode across the path of Byrne`s mount who was on the rails on their inside.
'As far as we can see neither Fitzgerald nor Maguire ever looked to the inside when they performed the manoeuvre,' said Lord Brennan.
'They went to the rail regardless.'
He said both Maguire and Fitzgerald had been called before the stewards and suspended for three days for careless riding.
Lord Brennan said the rule of racing involved was 'common sense'.
'You must keep a look out to make sure it is safe to cross another horse because if you don`t keep a look out and cross too early the risk is not just interfering with one of the horses on the inside but of causing a terrible accident, such as happened here when the complainant broke his back and suffered a serious head injury.'
Seven-times champion jump jockey and Channel 4 Racing pundit John Francome is to be called to give expert evidence on behalf of Caldwell.
Grand National winner Carl Llewellyn is to give expert evidence for the defendants, who both deny negligence.
