Disclaimer: Most cases result in a lower recovery. Results may not be typical and reflect awards before deduction for attorneys’ fees and expenses. It should not be assumed that your case will have as beneficial a result.
David Ashcroft, a 20-year-old apprentice jockey, suffered catastrophic injuries when his horse veered across the racecourse toward a negligently placed exit gap, which caused his horse to attempt to leave the track. Ashcroft lost control of the horse and fell to the ground where he was run over by another horse, rendering him a quadriplegic. The case was tried before a jury, which rendered a $10 million verdict. On appeal, the Third District Court of Appeal reversed the verdict, finding that David Ashcroft voluntarily assumed the risk and exposed himself to the danger. On further appeal, The Supreme Court of Florida reinstated the verdict after it determined that although horse-racing is a dangerous sport, Ashcroft did not assume the unreasonable risk of a negligently designed and maintained racetrack.