A FORMER head lad yesterday lost his bid to prove a racehorse trainer had been negligent in asking him to ride a horse which threw him and left him unable to work.

Robert Atkinson sued his former employer, Denys Smith, who has a yard at Bishop Auckland, County Dur-ham, after he fell from Most Welcome, a three-year old gelding, in 1998.

Mr Atkinson, who was 51 at the time, claimed in a civil action at Teesside Crown Court yesterday that his employer knew he had medical problems with his back, neck and arm and that he had asked not to ride younger horses.

He said he was made to ride Most Welcome by Mr Smith, who, he claimed, told him to "stop being so soft" when he complained.

When he took the horse to the gallops, it threw him, injuring him. Mr Atkinson did not return to work.

Mr Smith, the region's longest-established trainer, claimed Mr Atkinson had not refused to ride any horse and that he had "put himself" on Most Welcome.

Mr Smith and his new head lad, David Thompson, both told the court the horse had been docile in the yard.

Judge Peter Bowers said he believed Mr Smith was a decent employer and the fall was an "accident, pure and simple".

The judge added that he thought Mr Atkinson's evidence was "seriously flawed".