Sunday, August 28, 2011

Racing Lawsuits Getting Stranger

Andrew Cohen in Harnessracingupdate.com yesterday, explored the Crys Dream story.

As most everyone knows, the filly was suspended in Ontario for 90 days for a Class II. The owners of the filly went to New Jersey court (New Jersey was giving the Ontario ruling reciprocity) and they won, so she could race in Jersey.  She raced in the Hambo Oaks Final, and came third.

But now, Cohen reports things have gotten strange:
  • What’s unusual about the Crys Dream litigation is that Gulotta and Company also are asking the federal courts to impose money damages, including punitive damages upon Zanzuccki. If the plaintiffs win this part of their case, if the state is forced to pay, racing commissions everywhere will tremble
  • Among other allegations, like future damages caused by the fact that the horse missed those two starts, Crys Dream’s connections essentially allege that they lost the Hambletonian Oaks Final-- that they suffered damages by coming in only third-- because the horse didn’t get to race on July 22, the week before she won her elimination. In the Oaks, they say, “the horse lacked a finishing kick because of its lack of conditioning,” 
Crys Dream came third again last night, in the American National at Balmoral. One would think (if the judge is a handicapper) that result would eliminate the chances of suing because of lack of conditioning.

I am surprised I have not read more about the above angle. I would have figured the racing press would've been all over this.

2 comments:

Pacingguy said...

The worst part is some of the people connected with Crys Dream are respected members of racing, people thought to have the best interests of racing in place.

I guess fighting for the best interests applies only when it doesn't impact them. There is a word for them - hypocrites.

Scott Ferguson said...

In the Oaks, they say, “the horse lacked a finishing kick because of its lack of conditioning,”

Coulda, shoulda, woulda.... unprovable garbage which any court should throw out. What does the trainer do with the horse in between runs - feed it carrots all day??