By Danny Russell
Jockey Dwayne Dunn’s lawsuit against Racing Victoria, claiming damages for ongoing head and neck injuries that he says ended his $400,000-a-year riding career, is expected to be heard in the Supreme Court this week.
Dunn, 50, is suing the sport’s governing body and Moonee Valley Race Club for negligence. Racing Victoria and the Moonee Valley Racing Club are defending the case.
Jockey Dwayne Dunn has taken legal action against Racing Victoria, claiming damages for ongoing head and neck injuries that ended his riding career. This is the moment Dunn – riding Shot Of Irish in barrier six – hit his head on the starting barriers at Moonee Valley in 2020.Credit: racing.com
The prolific group 1-winning jockey’s head was driven into a horizontal bar when his horse, Shot Of Irish, reared in the starting barriers at Moonee Valley on September 5, 2020.
Dunn broke his neck and suffered ongoing concussion issues that he says have led to chronic neck pain, chronic headaches, sleep impairment, anxiety, a lack of concentration and depression.
He returned to riding in February 2021 but lasted four races before retiring permanently.
In his civil suit, lodged with the Supreme Court in February 2023, it is alleged Racing Victoria and Moonee Valley failed to provide barrier stalls that were the right height – 2.8m above the ground.
Jockey Dwayne Dunn, riding Shot Of Irish in barrier six, hits his head on the starting barriers at Moonee Valley on September 5, 2020.Credit: racing.com
Dunn’s writ claims that Moonee Valley operated barrier stalls where “the horizontal steel bar was at a height which could cause injury to jockeys in the event of a horse rearing”.
Racing Victoria is accused of failing to carry out adequate inspection of the barriers as well as allowing Moonee Valley to “continue to utilise the said barrier stalls for the purpose of racing”.
Represented by Carbone Lawyers, Dunn’s claim says he could have ridden professionally “until at least the age of 60”.
He is suing Racing Victoria and Moonee Valley for “the recovery of damages for pain and suffering and loss of earning capacity”.
“As a result of the severe injuries, with resultant permanent disability from which [Dunn] suffered, he has been unable to resume employment in the racing industry and in particular, as a professional jockey,” Dunn’s lawyers wrote in the claim.
David Hayes and jockey Dwayne Dunn celebrate Reaan’s Blue Diamond win of 2008.Credit: Vince Caligiuri
“Apart from having attempted to do so, unsuccessfully, on three occasions, [Dunn] has lost income at the rate he was earning at the date of the accident.”
Worksafe Victoria has appointed and instructs TG Legal + Technology to represent Racing Victoria on the matter.
Both Racing Victoria and Moonee Valley Race Club declined to comment while the matter is before the court.
Dunn rode 24 Group 1 winners across his decorated career, including four Blue Diamond Stakes on Undoubtedly, Nadeem, Sleek Classic and Reaan.
He also forged partnerships with stars of the track Chautauqua and All Too Hard.
The writ says Dunn earned $1000 a day on several occasions with a media outlet during the 2022 spring carnival, but “remains unfit for employment”.
“His entire working career has been in the horse industry and as a professional jockey,” the lawyers wrote. He “is otherwise unskilled”.
Editor’s note
Dunn settled his claim during mediation on July 31, a day before it was to go before the Supreme Court. The details are confidential, and costs still to be determined.
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