Herremann the Wise said:
Thanks for the replies everyone. Just a further question that was perhaps more at the heart of our DM's ruling.
Firstly, there seems to be a little confusion here in that a Phantom Steed is not a summoned creature. It is a conjured creation, not disimilar to an unseen servant. As far as I know, it has no awareness except to its riders instructions. Thus it does not avoid blows, get reflex saves etc. although it is assumed to float along avoiding obstacles when ridden (what happens if the rider falls asleep? Does it stop or keep going?).
Potentially then, is everyone else aside from the "designated driver" an opponent to the creation? Does it actively try to get out of the way of things? Can the creature attempt to hold its ground or is it unnecessary?
Best Regards
Herremann the Wise
Okay, I didn't know it was a summoned creature, knowiung that now, after the person who it was summoned for had died, the steed would have wandered to a place of safety until the person it was summoned for came and got it. Unless otherwise stated, such creatures that are summoned are like riding horses and shy away from combat and conflict. It was meant for riding, not combat. In fact, if it was ridden into combat, the rider should have had to make a DC 20 ride check for controling a mount in combat, DC 10 riding check if it is a war mount. If the rider had just died the last round, he would wait a round and then leave, either way, the fighter could just move through him since he would regard everyone else as friendly of neutral, thus why he doesn't attack.
Phantom Steed
Conjuration (Creation)
Level: Brd 3, Sor/Wiz 3
Components: V, S
Casting Time: 10 minutes
Range: 0 ft.
Effect: One quasi-real, horselike creature
Duration: 1 hour/level (D)
Saving Throw: None
Spell Resistance: No
You conjure a Large, quasi-real, horselike creature. The steed can be ridden only by you or by the one person for whom you specifically created the mount. A phantom steed has a black head and body, gray mane and tail, and smoke-colored, insubstantial hooves that make no sound. It has what seems to be a saddle, bit, and bridle. It does not fight, but animals shun it and refuse to attack it.
The mount has an AC of 18 (–1 size, +4 natural armor, +5 Dex) and 7 hit points +1 hit point per caster level. If it loses all its hit points, the phantom steed disappears. A phantom steed has a speed of 20 feet per caster level, to a maximum of 240 feet. It can bear its rider’s weight plus up to 10 pounds per caster level.
These mounts gain certain powers according to caster level. A mount’s abilities include those of mounts of lower caster levels.
8th Level: The mount can ride over sandy, muddy, or even swampy ground without difficulty or decrease in speed.
10th Level: The mount can use water walk at will (as the spell, no action required to activate this ability).
12th Level: The mount can use air walk at will (as the spell, no action required to activate this ability) for up to 1 round at a time, after which it falls to the ground.
14th Level: The mount can fly at its speed (average maneuverability).