PINCAY SUES TRACK.

Byline: Kevin Modesti Staff Writer

Record-setting jockey Laffit Pincay sued Santa Anita on Tuesday, claiming negligent medical treatment in the minutes after a racing accident worsened his neck injury and ended his career.

Pincay, 56, suffered a neck fracture when he and a horse named Trampus Too went down on the Santa Anita turf course during a March 1 race. The jockey gave up hope of a full recovery seven weeks later and announced his retirement. He had won a record 9,530 races.

The lawsuit, filed in Los Angeles Superior Court, names Santa Anita; track physician Dr. Melvin Coates; Coates' assistant Angel Delgadillo; and Huntington Ambulance.

Pincay's attorney, Neil Papiano, said attendants allowed Pincay to walk to the ambulance and ride in the front seat even though he complained his neck was sore. Papiano said Delgadillo, in charge of the track first-aid office while Coates had a weekend off, tested Pincay's neck by moving his head around with his hands.

`` `I think you're going to be OK,' '' Papiano quoted Delgadillo saying before sending Pincay home.

Although people in the first-aid station addressed Delgadillo as ``Doctor,'' he isn't actually a physician, Papiano said.

Still in pain four days later, Pincay went to Huntington Memorial Hospital near his home in Pasadena, where X-rays showed a ``hangman's fracture,'' meaning that ``his neck (was) hanging by a thread'' and movement could have killed him, Papiano said.

``It was just one bad incident after another,'' Papiano said. ``You don't know how much damage was done. But you know the standard of care was violated.''

Santa Anita attorney Frank DeMarco could not be reached for comment Tuesday. Huntington Ambulance has contended Pincay refused treatment on the track and a trip to a hospital.

Papiano said track and ambulance-company representatives have ``stonewalled'' attempts to reach an out-of-court settlement.

Pincay rode 3,531 winners - more than a third of his career total - at Santa Anita.

--Azeri vs. males? With Candy Ride, Funny Cide and Perfect Drift out of the $4 million Breeders' Cup Classic, Azeri could step up and run in that race instead of the $2 million Breeders' Cup Distaff on Oct. 25 at Santa Anita, her trainer Laura De Seroux said Tuesday.

The Classic would be the first meeting with males for Azeri, a 5-year-old mare who won the 2002 Horse of the Year title, capping a one-loss season by winning the Distaff.

``The Distaff has always been the plan, but we're certainly keeping an eye on what's going on with the defections in the Classic,'' De Seroux said. ``The Classic is starting to look like a roller coaster, strong one moment and sliding the next.''

De Seroux said she would wait as late as possible to decide. Entries for the eight Breeders' Cup races will be finalized Oct. 22.

She said Azeri, scheduled to prep in the Lady's Secret Handicap on Sunday - opening day of the Oak Tree meet - would be trained virtually the same no matter which race she targets.

Kevin Modesti, [phone]

kevin.modesti(at)dailynews.com