Jockeys love the thrill of riding and exercising their horses. However, there are times when the jockey can face an unprecedented accident and die when the horse kicks and jumps over him. This is what happened to Mario Calderon. The jockey was exercising his horse when it repeatedly kicked him until he died.

When this happened, the family of Mario filed a wrongful death lawsuit against the owners of the racetrack. Here are the circumstances of the case:

Unsafe working conditions

The family argued that the racetrack was unsafe because there were chicken on the track that scared the horse. This means that Parx created an insecure condition because allowing these chickens to have access to the racetrack was bound to scare the horse. The owner of the establishment knew about it but did not prevent this risk. 

Wrongful death

Wrongful death happens when someone dies because of another person’s negligence. In this case, Mario suffered from internal bleeding in the brain and broken ribs after the horse rained kicks on him. After a while, he succumbed to these injuries.

Actual Damages

In this case, the attorney proved that the death of Mario led to a substantial loss to his family members. Some of the losses were financial because of medical costs and funeral expenses. The family also suffered emotionally because they lost a loved one. The actual damages that the family was awarded were 2.8 million dollars.

Punitive Damages

This is given to the victim’s family in an effort to punish the defendant because of a malicious act or outrageous conduct. Its intention is to deter the defendant and others from recklessness and indifference when relating to people. These damages cannot be calculated as actual damages. In this case, Mario’s family was awarded 5 million dollars as punitive damages for the loss of their loved one.

The family members of the victim who died because of another person’s negligence file wrongful death claims. A representative of the deceased can also file these lawsuits. This is an executor of the will of the deceased. He or she can also recover from damages on behalf of the victim. If you or your loved one succumbs to death because of carelessness of a person or an institution, you need to hire an attorney. The legal expert will assist you in filing this case against the negligent party. The surviving family will be compensated for the loss of their loved one.