If Illinois law is anywhere near New York law, I am afraid Douglas has very little chance of recovery. Most likely they are trying to find a way to blame the polytrack since they are trying to get over the assumption of the risk doctrine that tends to apply to jockeys, i.e., a defect in the polytrack being something beyond the normal dangerous conditions that Douglas assumed when he got on the horse.
The law regarding assumption of the risk for jockeys tends to have harsh consequences to those that sustain serious injuries. I wish Douglas the best of luck in his pursuit.
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05-11-2010, 09:05 PM
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