Race Riding or Herding?

[pointman]

Originally Posted by ScottJ

Yes, there are three stewards and they are supposed to have independent oversight on these inquiries without interference. Agreed.

Yes, there is one and only one steward appointed through the auspices of NYRA. Agreed.

You have been verbal for players' rights in this herding environment. From that perspective, you are the only one listening.

If someone dies on the track (which is how this debate is going to end unless someone steps in), you can be sure that NYRA will be named as defendant and the whatever-defines-NYRA will be pretty well sorted. Unless NYRA can demonstrate that they specifically intervened with the entire set of stewards, it will be a very difficult position to defend as the racetrack operator. There has just been too much press on the issue to ignore the inherent rough riding risks which, to me, have gone beyond the risks inherent in the game.

Andy, we have written on Twitter many times before and I know you are not supporting the level of rough riding that we now see. You shoulder way too much "flack" for NYRA based on your very visible persona both on TV, the NYRA Network, and on your own time on boards like these. You seem to be the only one listening - or even commenting - on what is happening between the rails.

I am just happy that you are listening even if you are the only one left at NYRA who cares.

NYRA need not worry about being sued for a jockey incident. New York State Law is very clear that a jockey injured while riding a horse, whether in a race or excercising, regardless of just about any circumstance, cannot maintain suit for their injuries as riding horses is covered by the doctrine of assumption of risk which is a complete defense to any suit. It stems from the Ron Turcotte incident in the matter of Turcotte v. Fell and also does not allow suit against a jockey that negligently causes a fall.

[hoovesupsideyourhead]

Originally Posted by pointman

NYRA need not worry about being sued for a jockey incident. New York State Law is very clear that a jockey injured while riding a horse, whether in a race or excercising, regardless of just about any circumstance, cannot maintain suit for their injuries as riding horses is covered by the doctrine of assumption of risk which is a complete defense to any suit. It stems from the Ron Turcotte incident in the matter of Turcotte v. Fell and also does not allow suit against a jockey that negligently causes a fall.

[ScottJ]

Originally Posted by pointman

NYRA need not worry about being sued for a jockey incident. New York State Law is very clear that a jockey injured while riding a horse, whether in a race or excercising, regardless of just about any circumstance, cannot maintain suit for their injuries as riding horses is covered by the doctrine of assumption of risk which is a complete defense to any suit. It stems from the Ron Turcotte incident in the matter of Turcotte v. Fell and also does not allow suit against a jockey that negligently causes a fall.

Fair point although recent findings from a Queens Judge in 2013 questioned NYRA's ability to use the assumption of risk clause, but your point is very well taken.

My point here was not the lawsuit, but rather the injury down the stretch that will undoubtedly happen. How do you think that would play during opening week at Saratoga? Do you think they would clamp down on the herding at that point?

[pointman]

Originally Posted by ScottJ

Fair point although recent findings from a Queens Judge in 2013 questioned NYRA's ability to use the assumption of risk clause, but your point is very well taken.

My point here was not the lawsuit, but rather the injury down the stretch that will undoubtedly happen. How do you think that would play during opening week at Saratoga? Do you think they would clamp down on the herding at that point?

I understand that your main point is not a lawsuit, but in New York the enforcement is not going to come from the courts. I agree that herding is way too prevalent in New York and the stewards have let riders, particularly Castellano, get away with it for way too long. The enforcement has to come from the stewards or someone is going to get hurt badly.

[Flatterer]

The NYRA stewards remained consistent with a "no call" for Lady Eli in the Diana on Saturday.

I'm surprised the stewards took so long in their review.

I just hope Irad Ortiz doesn't cause an accident during the rest of the meet.

Unfortunately, blood will have to be spilled before the NYRA stewards take a different view of this riding technique.

[10 pnt move up]

Originally Posted by Flatterer

The NYRA stewards remained consistent with a "no call" for Lady Eli in the Diana on Saturday.

I'm surprised the stewards took so long in their review.

I just hope Irad Ortiz doesn't cause an accident during the rest of the meet.

Unfortunately, blood will have to be spilled before the NYRA stewards take a different view of this riding technique.

The best shot was the back pan view when you could see half the riders body to the left of the horse, a clear move to intimidate and push his horse over. But you are right, the laws are what is enforced, not necessarily what is written.

What he did is perfectly fine by the standards the stewards have set.

[Kitan]

No mention here of Mike Smith herding Elate into the infield? I get you want to be side by side to keep the horse competitive And I don't think it was a DQ but pretty darn dangerous.

[ScottJ]

Originally Posted by Kitan

No mention here of Mike Smith herding Elate into the infield? I get you want to be side by side to keep the horse competitive And I don't think it was a DQ but pretty darn dangerous.

Andy Serling had an incredible post on his Twitter feed regarding this : I believe Mike Smith just said if @jose93_ortiz got impeded on Elate it was "his own fault." A great deal of discussion has been generated comparing the two stakes races this weekend with Lady Eli and Abel Tasman.

[popscopy]

Probably there is a simple explanation , watching replay of CCA oaks and what does Smith take from his waist and give to Barnes?

[Indian Charlie]

Originally Posted by Kitan

No mention here of Mike Smith herding Elate into the infield? I get you want to be side by side to keep the horse competitive And I don't think it was a DQ but pretty darn dangerous.

I wouldn't have done the dq either, but I would suspend smith.