Insurance a factor, perhaps? If the horse was sound enough to train and race, maybe it could be insured. Then an almost guaranteed breakdown would put cash money in the owner’s pocket?
Caveat–I have no idea whether or not and on what terms insurance is available on race horses.
If I had to guess he most likely rebowed his tendon. Even if he was insured they won’t authorize to euthanize for a bow. I hope he finally gets the retirement he deserves now. Asshats!!!
I’d guess he was not insured. Only a very small percentage of horses are insured and honestly, he’d be a BAD risk for any company in light of the storyline.
I agree, he probably bowed again and if so I hope that they simply stop this insanity. I hope for the horse’s sake that he is OK and I hope the the judge that overruled the initial injunction is fully informed that the “livestock/property” that he allowed to be used in this manner is now suffering a painful injury that was easily predicted and preventable.
[QUOTE=vineyridge;4553734]
Insurance a factor, perhaps? If the horse was sound enough to train and race, maybe it could be insured. Then an almost guaranteed breakdown would put cash money in the owner’s pocket?
Caveat–I have no idea whether or not and on what terms insurance is available on race horses.[/QUOTE]
Extremely unlikely. The way the policies are written, if a horse has a previous injury, the insurance doesn’t pay out if a horse’s reinjury (and subsequent death) is associated in any way with the original injury.
As noted Calvin Borel was riding Sam P at Turfway Park last evening.
Purportedly from Turfway Park’s facebook page as of today:
Good news–trainer Buff Bradley said “everything is fine” with Sam P. He was checked right after the race by a private-practice vet and the state vet and checked again by Buff’s own vet at Churchill. He jogged a bit for the vet at CD and walked great, and all 3 vets concur they didn’t see anything amiss.
Steve Haskin with the BloodHorse thought to be doing a story on Sam P.
Claire Novak has been following this story as well.
[QUOTE=Pronzini;4248636]
Hate to rain on anyone’s parade but this ruling isn’t a precedent to anything. First of all, its a lower court opinion (ie the trial court level). The only citable opinions in both the Federal and State court systems are the published appellate cases. [/QUOTE]
Actually, this isn’t entirely true. Lower court opinions in both state and federal courts ARE citable if they are published (and, in some jurisdictions, even if not published). The issue is that the decision will not be binding on other courts, but it can still be cited and discussed in briefs and in oral argument for its persuasive value. Persuasive value goes a long way, particularly in smaller legal communities. In addition, some judges’ opinions are more “persuasive” to judges than others. Even appellate courts will often find a lower court decision persuasive enough to issue an aligned ruling, and, as you note, the appellate-level decision will be binding on the lower courts in that circuit.
Glad the horse is okay!
[QUOTE=vineyridge;4553734]
Insurance a factor, perhaps? If the horse was sound enough to train and race, maybe it could be insured. Then an almost guaranteed breakdown would put cash money in the owner’s pocket?[/QUOTE]
Why do people always think a breakdown is an insurance scam???
Do you really think if this horse was “guaranteed” to fatally break down he would have passed the vet exam pre-race?? Do you really think one of the top the riders in the world would have not only taken the mount but not scratched him in the post if he felt the slightest bit off??
If Sam P’s connections were desperate for insurance money, don’t you think they would have found a “guaranteed” way to kill him that wouldn’t come under as much public scrutiny and put in danger the lives of people they work with every day?
This horse has been racing regularly at fairly high level. Thinking that his connections knew he was about to breakdown and wanted to run him anyway just doesn’t make any sense.
Apparently Sam P bruised himself during the race (which can make a horse very lame for a bit). His rider took the safe route and pulled him up. His trainer took the safe route and got him a ride back to the barn instead of making him limp. Everybody did was was best for the horse. It’s unfortunate that so many people assume the worst.
I’m a bit surprised that Bradley and Borel are involved with this horse. Borel probably doesn’t know too much about it, but if I were a trainer, I’d politely decline training it.
I’m sorry the horse got hurt, but it serves them right. I hope the Turfway response is true and that he’s OK. I hope he’s retired again. Of course, any idiot who buys a horse for breeding purposes only and puts the horse back in training probably isn’t interested in horse retirement. I hope they prove me wrong, but someone like that probably will dump a horse that isn’t making him money:(
[QUOTE=SleepyFox;4555465]
It’s unfortunate that so many people assume the worst.[/QUOTE]
Unfortunately, it’s easy to assume the worst when dealing with people like this. Regardless of what the courts decide, he signed a contract and broke it – not much to trust or expect the best from.
[QUOTE=Bacchus;4555466]
I’m a bit surprised that Bradley and Borel are involved with this horse. Borel probably doesn’t know too much about it, but if I were a trainer, I’d politely decline training it. [/QUOTE]
That’s why I’m surprised people are so quick to assume the horse was a cripple going into the race. He’s with a good trainer who does not have an insignificant dayrate and who probably isn’t going to fool around with a horse that doesn’t need to be in training. And, Borel isn’t going to get on a horse that is a cripple (and word definitely gets around about that sort of thing).
If the statement that the horse just has a bruise is true, then why should he be retired? He’s proven that his originial injury can hold up, so why retire him over a bruise?
Buff Bradley is a class act. Can’t blame him that someone came knocking on his door to train the horse. Would you prefer a “super trainer” ended up with the horse ? I feel confident that Bradley will do what is right for the horse if he’s too sore to race.
It’s not whether the horse is sore – the hosre could be perfectly fine and ready to race. I’m surprised someone like Buff (or Calvin) would be involved with a horse who was supposed to be for breeding only – as a request in a written contract from the horse’s previous owner. It just seems wrong that good, honest people would be involved with someone who is obviously dishonest.
As I said, I don’t care what the courts decide, this person signed a contract and someone else (in the horse industry) trusted them to keep their word. I wouldn’t do business with such a person.
one of our horses was in the same race and I was around when Sam P was being looked after… he is fine and should be seen running again soon I would expect.
The danger of practicing law over the Internet. 
None of that is true in California where I am licensed except for District Court cases in the Federal system. The California Supreme Court ran into a huge political problem a few years ago when it started depublishing cases to avoid making decisions and lower its workload. If a case isn’t officially published, it can’t be cited and it isn’t precedent. Lower court cases are never published officially. I admit I assumed that was the case every where and thank you for the education.
[QUOTE=Pronzini;4558821]
The danger of practicing law over the Internet. None of that is true in California where I am licensed except for District Court cases in the Federal system. The California Supreme Court ran into a huge political problem a few years ago when it started depublishing cases to avoid making decisions and lower its workload. If a case isn’t officially published, it can’t be cited and it isn’t precedent. Lower court cases are never published officially. I admit I assumed that was the case every where and thank you for the education. :)[/QUOTE]
Hmm…very interesting. Didn’t realize that about California. Admittedly, I only practice in Federal court (bankruptcy). Now you’ve got me thinking, and I’m wondering if what you say might be true of our state courts re: lower courts not being published. I’m going to check with a general litigation attorney tomorrow! I feel like I’ve seen them published, but it is very rare that I have a need to look at state law issues.
I think what many people are upset about is what this could lead to in the future. Yes the horse has to be seen and cleared by a vet to run, and has done well recently but when he was vanned off it was his 3rd race in 5 weeks. That is a lot of racing for a horse that had been out of training for awhile to come back to.
Also Sam P could be fine, but the point is that they bought the horse under contract not to race it again. If they didn’t like that they didn’t have to buy him. No one forced them to buy the horse.
I am not against horses coming back after injuries, like the whole Lava Man thing, actually I think what they have done is cool. And in no way do they want to the horse to get hurt. I am sure that the new owners of Sam P don’t want him to get hurt either. But like I said, the point is about the breach in contract. People do sell horses with contracts like this, I know of people who have sold older horses just as pasture mates with the clause of no riding. There are tons of horses out there, if you don’t like something about the contract then don’t sign it!
[QUOTE=FineAlready;4558938]
Hmm…very interesting. Didn’t realize that about California. Admittedly, I only practice in Federal court (bankruptcy). Now you’ve got me thinking, and I’m wondering if what you say might be true of our state courts re: lower courts not being published. I’m going to check with a general litigation attorney tomorrow! I feel like I’ve seen them published, but it is very rare that I have a need to look at state law issues.[/QUOTE]
Okay! Checked this out. According to our litigators, it sounds like some states do publish their lower state court decisions and they are citable (no idea which states). Our state (WI) does not publish them, but there is no prohibition on citing them (weird, I know). However, unpublished appellate court decisions prior to a certain date are not citable, but after a certain date, they are. Anyway, no idea what the law is elsewhere.
Back to the regularly scheduled equine programming…
I won’t pretend to play lawyer here but wouldn’t the crossing of state lines (see below) allow for Starlight to file a new injunction in the Florida courts?
DRF Dec 16, 2009 “Sam P. uninjured, bound for Florida”
Sam P. was pulled up by jockey Calvin Borel shortly after finishing seventh in the Prairie Bayou Stakes on Saturday at Turfway Park and was vanned off. The 5-year-old horse, however, suffered no injuries whatsoever, according to Buff Bradley, the trainer of Sam P.
“He’s back training like a million dollars,” Bradley said early Wednesday. “Calvin was just being cautious.”
Borel did something virtually identical after a Polytrack race at the Keeneland fall meet with Warrior’s Reward, dismounting shortly after the finish before the horse was vanned off. Nothing was found amiss with Warrior’s Reward, either.
“I think what happens is sometimes the Polytrack balls up and their action gets a little funny,” said Bradley.
Bradley, meanwhile, is headed soon to Gulfstream Park, where he will have 20 horses, including Sam P.
Morons with their continued quest with Sam P
Race chart: Jan 10, 2010 Gulfstream Park 53rd running of the Ft Lauderdale Stakes $100k at a distance of 1 mile on the dirt. (The Fort Lauderdale Stakes had been scheduled for turf at 1 1/16 miles.)
In last (8th of 8 starters): is Sam P ridden by Raj Maragh. Chart comment:
“Sam P. well placed for a half mile, faded.”
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