Quote:
Originally Posted by Cannon Shell
Wouldnt the fact that the other rider was given a harsh sentence for careless riding hurt their case that it was some kind of incidental contact? Or the fact that the horse landed square on him? And wont the defense trot out a bunch of other cases of jockeys paralyzed on regular tracks? It seems like they want to argue that the maintenance was lacking but how do you maintain a track so that it is "safe" for people to land on it at 35mph?
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Chuck, my point was that I doubt he stands much of a chance of recovery. I don't know Illinois law as I practice in New York. If it is assumption of the risk as it likely is, he has a tough road to hoe for the very reasons that you cite which are the normal risks assumed by a jockey. I have a hard time believing that they will be able correlate a defect in the polytrack with the cause of his injuries.