"Rising" From the Ashes

[TGJB]

These are the last nine starts for the  Graph Racing (Rising Graph Stable) ventures:

10/12- Shezsospiritual runs third in a $100k stake at Santa Anita

11/2- Shezopiritual wins a starter allowance at Santa Anita

11/4- U.K. Trick runs out in a stake at Aqueduct

11/20 U.K. Trick runs second in a $60k claimer at Aqueduct

11/23- Chirimoya runs third in a $48,800 allowance at Churchill Downs

11/23- Shezsospiritual runs out in a stake at Hollywood Park

12/19- Chirimoya wins a $45,000 allowance at Aqueduct

1/7- Shezsospiritual wins a $52,000 allowance at Santa Anita

1/14- Chirimoya wins a $47,000 allowance at Aqueduct.


Last nine starts-- 4 wins, a second, two thirds, all in the big leagues, a three race winning streak.

[Upper Nile]

Where is Littlemiss Sparkle? Retired? Sold?

[TGJB]

Funny you should mention that, but not a funny story.

For those who don\'t know the story, Littlemiss Sparkle was a very fast filly we bought for a Graph Racing venture. After running fourth and fifth in a couple of stakes she was sent to veterinary clinic to deal with a throat infection. While at the clinic she sustained a knee injury so rare that the two vets who looked at the x rays (with at least 50 years of experience between them) had only seen that type of injury once before-- the leg has to be hyperextended and torqued at the same time. It\'s a football injury and can\'t happen on the racetrack, it was career ending, and the clinic disavowed all knowledge. We tried to pursue legal action, but were told that without specific knowledge of what transpired we had no negligence or malpractice case.

Anyway, she sells this week at Keenland as a broodmare prospect. As she doesn\'t have that much pedigree and wind chills will be in negative numbers, someone is going to get a very fast filly with excellent conformation reltively cheap.

[Chuckles_the_Clown2]

Chirimoya:

http://www.pedigreequery.com/index.php?query_type=horse&search_bar=horse&h=CHIRIMOYA2&g=5&inbred=Standard&x2=n&pedloggedin=0

Shes five now. Haven\'t heard much from Cobra King, but I thought he might make a good stallion. I like the Dam side with Turkoman and the In Reality and Bold Ruler speed influence. I can\'t recall \"Conclusively\".

Shezsospiritual:

http://www.pedigreequery.com/index.php?query_type=check&search_bar=horse&h=Shezsospiritual&g=5&inbred=Standard&x2=n

This one has has a Turf Pedigree in my opinion. I assume thats where she is winning. Lots of old blood not too far removed.

U.K. Trick:

http://www.pedigreequery.com/index.php?query_type=check&search_bar=horse&h=U.K.+Trick&g=5&inbred=Standard&x2=n

Wow, I remember the sire from Easy Goer\'s days. I think Goer faced him in the Champagne and/or Met. Looks like another \"old blood\" filly to me. I can\'t recall Mambo, Jane U. or Special U.

4 wins in 9 starts ain\'t bad at all. Those are major league allowance scores.

[Chuckles_the_Clown2]

Hell yes shes fast...lol

http://www.pedigreequery.com/index.php?query_type=check&search_bar=horse&h=Littlemiss+Sparkle&g=5&inbred=Standard&x2=n

Glitterman: Bold Ruler, In Reality.
Mr. Prospector. It appears she got what stamina she had from her very bottom. I\'m guessing she was a sprinter?

So you brought a sound horse to the clinic and you got back an unsound horse? Something put you on notice that she wasn\'t right. I wonder what it was? I wonder where the clinic was and who gave you the legal advice? Theres a negligence concept called \"Res ipsa loquitur\". (Meaning \"the thing speaks for itself\")Essentially, it tends to shift the burden upon the defendant when the harm occurs in his care. I can\'t remember the precise details but that would be the nature of the action in my opinion. Generally it is an action patient\'s bring against doctors. I see no reason why it wouldn\'t equally apply in a case of horse and veternarian.

CtC

[OPM]

Yeah baby, if only Sweet Jayana can come back and run like we know she can!!!

[JimP]

\"Res ipsa loquitur\". I see no reason why it wouldn\'t equally apply in a case of horse and veternarian.

Or in the case of Pete Rose. Sorry, TGJB. I just had slip in one more shot.

[Chuckles_the_Clown2]

Well the thing with Jerry\'s horse and Res Ipsa Locquitur (if it applied) is that proving the circumstances of the injury may not be necessary. Its possible that all that the plaintiff would have to demonstrate is that the horse was sound when it was delivered for care. I\'m assuming a stable veternarian looked at the horse and made the decision to load her and deliver her to the clinic. If the vet testified that the horse was sound when checked at the stable, (perhaps her knees were even checked), if the loading crew testified the horse was delivered without incident, if someone testified the horse was off when it was picked up and if I\'m on a jury and hear \"Res\" jury instructions, if I hear testimony regarding a \"football\" type injury and hear the horse was lame when picked up from the clinic after coming in to be checked for a throat infection. I\'d be prone to rule for the plaintiff. State Law\'s differ, so the jurisdiction is important. I could be all wet, but if there is an action I believe its one of \"Res\".

But the advice Jerry says he was given would seem to rule out an action even if the clinic signed a receipt that stated the horse was sound when it arrived. How can a clinic receive a sound horse and return a lame one and maintain nothing happened while the animal was in its care? A horse walks in...a horse limps out. If the jurisdiction recognizes Res Ipsa Loquitur to me its an issue of proving soundness pre delivery and unsoundness upon return. Not an issue of proving how the injury occured. Res was designed to pierce the \"secrecy of silence\" among doctors for messing up and not divulging when someone left a sponge in the body. It\'s a George W. Bush concept. (Not the stupidity rather the coverup)

Pete Rose on the other hand accepted a ban and now has admitted to the gambling. His situation is the antithesis of Res. He\'s come clean and served his 14 years. Despite his admission and the MLB\'s desire to get him back in the game some people want to continue to persecute him. I think MLB realizes he\'s served his time and that the crime wasn\'t egregious. If you\'re looking for real crime take a close look at the national sponge doctor.

CtC

[TGJB]

We had one of the top lawyers in the Midwest look at this, and he also happens to be deeply involved in the racing industry. Despite having X rays taken before she was sent to the clinic, he felt we don\'t have enough to keep a suit from being tossed right away-- proving something went wrong there and proving it was caused by negligence are not the same thing. And believe me, I made a lot of noise about how it couldn\'t happen under ordinary circumstances.

[Chuckles_the_Clown2]

It sounds like she limped out but your lawyer said assuming the injury occured at the Clinic it might not have been done \"negligently\". In other words the filly could have injured herself. Yes, I suppose thats true. They kill themselves in stalls and paddocks often enough. I\'m thinking of Three Ring. If she overnighted I think the lawyer is probably right and the case would be dismissed before a jury heard it. But if she was in their constant care as an out patient perhaps not. Sorry shes not racing. I loved Glitterman and like to see his get race.