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Author Topic: Rene Douglas lawsuit against Arlington  (Read 2611 times)
CLOCKERTERRY
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« on: May 11, 2010, 10:32:45 AM »

Janine had this at the front page.

JO'D at the Sun Times reports that Rene Douglas has filed suit against "Arlington Park Racecourse, LLC; Churchill Downs Inc.; Keeneland Association Inc.; and Martin Collins Surfaces & Footings, the manufacturer of the synthetic surface known as ''Polytrack.''

The claim is apparently that the synthetic racing surface was not properly prepared and maintained.

http://www.suntimes.com/sports/horseracing/2258576,CST-SPT-arl11.article
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OTB
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« Reply #1 on: May 11, 2010, 11:14:23 AM »

This has all the makings of something being settled out of court as it might be in the defendants best interest.  Just an opinion.
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« Reply #2 on: May 11, 2010, 11:46:53 AM »

 horse  Unfortunately racing can be a dangerous sport.  I hope whatever the outcome is that the racing community will keep supporting Rene and others who have been injured while riding.  Sadly, the polytrack was intended to reduce the number of catastophic injuries to horses and their riders.  I don't beleive the statisic have proven that out yet.  I do applaud Arlington for at least trying to do what is right.  I feel more studies are needed to determine the real causes of breakdowns in horses.  This is why I tried my best to get money for the SIU equine program to possibly conduct such a detailed study of injured horses.  We need to determine if it is the tracks fault, a riders mistake, or a freak accident or training errors or breeding.  I really feel we owe this to jockeys that ride for us. 
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« Reply #3 on: May 11, 2010, 11:58:52 AM »

Unfortunately racing can be a dangerous sport. 


That says it all--The plaintiff's might find it cheaper to settle out of court,but there have been decades of crippling injuries on dirt and turf. Sorry to see that Rene's lawyers went after deep pockets instead of the real culprit Jamie (Killer Jock) Theriot.
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« Reply #4 on: May 11, 2010, 12:41:26 PM »

This has all the makings of something being settled out of court as it might be in the defendants best interest.  Just an opinion.
twin spires will offer him the gold card package,,,half price
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« Reply #5 on: May 11, 2010, 12:46:31 PM »

an honest question here,since there,s gonna be 2 suits going,  douglas and mike straight's eventually,,,,,,if the rider is a self employed contractor and suppose to carry his own insurance,like workmans comp. how does this effect the suit,or does it help the track out ??
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« Reply #6 on: May 11, 2010, 01:19:34 PM »


Sorry to see that Rene's lawyers went after deep pockets
instead of the real culprit Jamie (Killer Jock) Theriot.




Am I reading this right but "only" $50 grand?

....seeks damages ''in excess of $50,000'' from Arlington Park Racecourse, LLC;
Churchill Downs Inc.; Keeneland Association Inc.; and Martin Collins Surfaces
& Footings, the manufacturer of the synthetic surface known as ''Polytrack.''
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« Reply #7 on: May 11, 2010, 01:47:55 PM »



Am I reading this right but "only" $50 grand?

....seeks damages ''in excess of $50,000'' from Arlington Park Racecourse, LLC;
Churchill Downs Inc.; Keeneland Association Inc.; and Martin Collins Surfaces
& Footings, the manufacturer of the synthetic surface known as ''Polytrack.''

                                                                                                                   
that,s just a minimum number,no diffrent than when someone defrauds a corporation out of 20 grand,,it,s written as theft over $300 to make it a felony..............................and regarding MJ comment on killer theriot,,every jockey in America has moved off the rail,same way,many times,,,only THIS time someone got paralyzed,,,,,,,,,,,,
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« Reply #8 on: May 11, 2010, 02:55:12 PM »

Yes, he wants way more than 50 grand, I have seen people get 50 grand for a chipped tooth!  I love douglas's attorney's comment that it was a routine bump, I think NOT. Just looking for a little settlement money as it would be almost impossible to prove the claims Douglas has brought forward!
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« Reply #9 on: May 11, 2010, 03:04:49 PM »

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« Reply #10 on: May 11, 2010, 03:07:05 PM »

"in excess of 50,000" is just a category..the largest category of suit, and all you are required to document.
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« Reply #11 on: May 11, 2010, 03:34:07 PM »

Unfortunately racing can be a dangerous sport. 


That says it all--The plaintiff's might find it cheaper to settle out of court,but there have been decades of crippling injuries on dirt and turf. Sorry to see that Rene's lawyers went after deep pockets instead of the real culprit Jamie (Killer Jock) Theriot.

yep Polytrack has more money (Insurance) than Theriot so lets blame them for Theriot careless riding causing Rene's horse to clip heels and go down.

I know Rene needs the money for his lifetime care but there should be another way......

Allan
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« Reply #12 on: May 11, 2010, 05:31:31 PM »

yep Polytrack has more money (Insurance) than Theriot so lets blame them for Theriot careless riding causing Rene's horse to clip heels and go down.

I know Rene needs the money for his lifetime care but there should be another way......

Allan
                 after he collects on his law suits,,,oh and the other way to make a living,,,,,,, they can throw him in a wheel chair and he can collect admissions at the entrance of hawthorne and arlington park with no problem's at all.....shoemaker ran a barn from a chair,,?HuhHuh?
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Donna1
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« Reply #13 on: May 11, 2010, 05:32:26 PM »

Jamie Theriot started the chain of events that left Rene Douglas paralyzed. The polytrack caused the actual paralysis.
His attorneys are saying that the track was not maintained properly and even Roy Arnold admitted that in a recent interview.
Why shouldn't Rene Douglas sue the track and the polytrack makers? that surface took away his ability to make a living and he'll need care for the rest of his life. I also hope that he sues Theriot for reckless riding.
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« Reply #14 on: May 11, 2010, 05:40:01 PM »

Jamie Theriot started the chain of events that left Rene Douglas paralyzed. The polytrack caused the actual paralysis.
His attorneys are saying that the track was not maintained properly and even Roy Arnold admitted that in a recent interview.
Why shouldn't Rene Douglas sue the track and the polytrack makers? that surface took away his ability to make a living and he'll need care for the rest of his life. I also hope that he sues Theriot for reckless riding.
         
how about this they chose this sport,knew the dangers,,,,and yea theriot started the chain event,,,,,,,,,problem is,, theriots move is seen a  half a dozen times on the weekends all across this country......horses are cutoff all the time,watch a stakes race and these guys keep you pinned on the rail or behind a dead one,,,,,,theriot made a move and now one of the jocks is a cripple,,,,,,,,,i personal believe he is getting a bad rap for this,and the 30 day suspension was a joke,,,,,do you see jocks getting 30 days for alot of the other accidents,,,NOPE,,,,,,,,,did jack tatum get 30 days for destroying darrle stingly,s neck,,,,NOPE cause it was a football game and injuries happen
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« Reply #15 on: May 11, 2010, 05:41:04 PM »

Unfortunately, this was not the first accident in the sport. Is there any legal precedent for injured jockeys winning a lawsuit against the tracks, etc? Any attorneys out there?
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« Reply #16 on: May 11, 2010, 05:43:15 PM »

                 after he collects on his law suits,,,oh and the other way to make a living,,,,,,, they can throw him in a wheel chair and he can collect admissions at the entrance of hawthorne and arlington park with no problem's at all.....shoemaker ran a barn from a chair,,?HuhHuh?

How insensitive!
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« Reply #17 on: May 11, 2010, 05:51:13 PM »

Jamie Theriot started the chain of events that left Rene Douglas paralyzed. The polytrack caused the actual paralysis.

He'd better sue Theriot too, then.

Tort law places rather high importance on the actions of the one(s) who started the chain of events, and secondary importance on miscreants down the line. Settlements are weighted in the same fashion.

The polytrack manufacturers will successfully dodge major responsibility be stating that were it not for Theriot's tortuous actions, their product would not be on trial. Even as one of the "deep pockets" defendants, they just wouldn't have to pay that much.

That said...ANY judgment against your product is bad for business, because even partially proven claims of misfeasance, malfeasance, or nonfeasance go right into the body of Case Law...and then the line forms outside your office door.

That's why so many of these personal injury cases are settled for "an undisclosed sum" out of court, "with no admission of any wrongdoing by the defendants".
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servicetech
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« Reply #18 on: May 11, 2010, 05:54:25 PM »

How insensitive!
it,s insensitive,it,s not meant to sound that way,they can still work,he can function from the waist up.........willie shoemaker {a JOCKEY}crippled his drunk self, driving drunk one day...he couldn't,t move a thing but his tongue, he was a trainer in a wheel chair in California for years,,,,dairyland in kenosha had a guy in a wheel chair with no lower half who worked the grandstand and club house entrance for 20 years and he managed to make a living........these jockeys chose this sport,so deal with the consequences
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« Reply #19 on: May 11, 2010, 05:59:20 PM »

He'd better sue Theriot too, then.

Tort law places rather high importance on the actions of the one(s) who started the chain of events, and secondary importance on miscreants down the line. Settlements are weighted in the same fashion.

The polytrack manufacturers will successfully dodge major responsibility be stating that were it not for Theriot's tortuous actions, their product would not be on trial. Even as one of the "deep pockets" defendants, they just wouldn't have to pay that much.

That said...ANY judgment against your product is bad for business, because even partially proven claims of misfeasance, malfeasance, or nonfeasance go right into the body of Case Law...and then the line forms outside your office door.

That's why so many of these personal injury cases are settled for "an undisclosed sum" out of court, "with no admission of any wrongdoing by the defendants".
if and when they sue theriot.does he have his own insurance,the track doesn't have coverage on these guys,i don,t think???,,,,,and you gotta assume with thousands of jocks all over america that some can,t afford to insure themselves and policy,s would cancel out with non payment,just like auto insurance
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« Reply #20 on: May 11, 2010, 06:21:40 PM »

Good points service tech
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« Reply #21 on: May 11, 2010, 06:55:42 PM »

This has to fall under workers compensation.  Rest assured the track had such a policy in effect covering jockeys.  Was the maximum payout on the policy enough to cover such a catastrophic injury...probably not.

In states where I've worked (Illinois is NOT one of them, btw).  The only way for the injured worker to sue was if there was negligence.  This is the tactic that Douglas is using.

I hope he's successful.
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warden
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« Reply #22 on: May 11, 2010, 08:12:13 PM »

Did the owner or any owner lately sue the track any time their horse broke down? For the same reason?
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« Reply #23 on: May 11, 2010, 08:57:40 PM »

Did the owner or any owner lately sue the track any time their horse broke down? For the same reason?
good question,i was wondering the same, thumbs up,,,,,,,,,,,,,,,,,,,,
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« Reply #24 on: May 11, 2010, 09:43:37 PM »

I'm curious how Team Douglas will lay the blame for his paralysis on the track while making sure the judge/jury igonores the 2 Ton horse that unfortuntaely landed on him.
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« Reply #25 on: May 11, 2010, 10:25:19 PM »

OK I wasn't sure if I wanted to participate in this topic. I feel like its a sensitive one. Now that I've read a few posts, I feel better seeing I'm not the only one that seems to think its ridiculous for Rene to sue AP.

What happened to Rene was an unfortunate accident. There have been countless jockeys and exercise riders before Rene that have been injured, paralyzed, and killed participating in this sport. Horse racing and danger are inextricably linked!

Rene could put the blame on the polytrack, on Theriot, or even on the horse. The fact of the matter is he was well aware of the risks of his job and he voluntarily got on that horse to ride on a surface he now claims was too dangerous.





And I think Klink made a good point. A 1000lb animal landed on top of Rene! When a 1000lb animal lands on top of a 115lb man running at 40mph, I'm not sure if the track surface beneath them makes all that much difference.



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« Reply #26 on: May 11, 2010, 10:29:50 PM »

                                                     horse
Horse racing is the one single sport where an ambulance follows close behind..
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« Reply #27 on: May 12, 2010, 07:37:56 AM »

Klink,

If the horse weighed 2 tons, (4,000 pounds), that would be a world record!
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« Reply #28 on: May 12, 2010, 08:03:35 AM »

I agree its a sensitive subject, but I don't think he deserves anything major at all.
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« Reply #29 on: May 12, 2010, 08:55:23 AM »

Klink,

If the horse weighed 2 tons, (4,000 pounds), that would be a world record!

That's why I was an English major Grin
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« Reply #30 on: May 16, 2010, 06:09:51 PM »

I have not heard any complaints yet this meet regarding the polytrack surface. For the last couple of years since the installation, there were immediate "shouts" as soon as racing started. I did hear that the track crew was implementing some new preparation principles from previous years (and equipment) so hopefully they will have it ironed out now.
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SMD6268
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« Reply #31 on: May 24, 2010, 03:25:53 PM »

Jamie Theriot should also be named in the lawsuit. The accident was caused by his reckless riding resulting in Rene being paralyzed.
Theriot gets a whopping 30-day suspension.
« Last Edit: May 24, 2010, 11:58:50 PM by SMD6268 » Report to moderator   Logged
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« Reply #32 on: May 24, 2010, 05:45:59 PM »

How silly, you going to try and get money off Theriot?  He has no money to get DAH!!!  Plus everyjock in the country would be filing suit against each other in the long run.  It seemed to me that most posters thought he should not have even received a 30 day suspension, and I agree!
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« Reply #33 on: May 24, 2010, 06:37:54 PM »

How silly, you going to try and get money off Theriot?  He has no money to get DAH!!!  Plus everyjock in the country would be filing suit against each other in the long run.  It seemed to me that most posters thought he should not have even received a 30 day suspension, and I agree!

Are you kidding me? Theriot should not have received a 30 day suspension?! He caused the accident and then had the gaul to try and appeal the decision. Too bad it didn't work. That's why there are fines and suspensions to punish those who are liable for causing injury.
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« Reply #34 on: May 26, 2010, 11:04:21 PM »

Are you kidding me? Theriot should not have received a 30 day suspension?! He caused the accident and then had the gaul to try and appeal the decision. Too bad it didn't work. That's why there are fines and suspensions to punish those who are liable for causing injury.
                                                                                                                     
he never should of recieved 30 days,they gave him 30 cause of a accident where someone got crippled,,,,,,do the exact race over and same accident and if there,s no injury,than theres no 30 day suspension...get real here,ONLY cause someone got racked and crippled that the stewards had to make a statement with that suspension.
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« Reply #35 on: May 27, 2010, 05:46:32 AM »

he never should of recieved 30 days,they gave him 30 cause of a accident where someone got crippled,,,,,,do the exact race over and same accident and if there,s no injury,than theres no 30 day suspension...get real here,ONLY cause someone got racked and crippled that the stewards had to make a statement with that suspension.

If you are driving drunk and hit someone and there are no injuries, there is one penalty, but if you are cripple someone, then there is another.
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« Reply #36 on: May 27, 2010, 11:49:40 AM »

We are coming up on the one year anniversary of Rene's injury, which occured in the Arlington Matron.
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« Reply #37 on: May 27, 2010, 02:17:49 PM »

How about every time a pitcher throws a 95 mile an hour fast ball and brakes a batters hand or finger, should he sue the pitcher and the other team?  There is a thing called assumed liability.
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« Reply #38 on: May 27, 2010, 06:06:30 PM »

How about every time a pitcher throws a 95 mile an hour fast ball and brakes a batters hand or finger, should he sue the pitcher and the other team?  There is a thing called assumed liability.

That's not a very good analogy, motto. That's a simple accident.

What if a Randy Johnson purposely and willingfully throws at your head, hits you, and you suffer blindness or double vision -- now your career is over. Is Johnson liable, because of his intent to injure you?

That's what needs to be adjudicated in the Douglas case -- was there intent by Theriot to drop Douglas? Some people think Jamie went after Rene on purpose. (I'll defer to the principals and there assigns on this one. Not my dojo.)
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« Reply #39 on: May 27, 2010, 06:17:05 PM »

I agree HV, it just seems hard to believe there was intent, especially trying to prove he intentionally wanted to send Douglas down!
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« Reply #40 on: May 28, 2010, 07:32:13 AM »

at this point it don,t matter who caused what,,,,,it,s in the lawyers hands now and as everyone knows,they will eventually settle.
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« Reply #41 on: May 28, 2010, 07:37:14 AM »

at this point it don,t matter who caused what,,,,,it,s in the lawyers hands now and as everyone knows,they will eventually settle.

Agreed.

Maybe they'll name a stakes race after Rene someday?  Maybe?
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