Churchill Downs has filed a motion to dismiss against a lawsuit brought by bettors allegedly wronged by the outcome of the 2021 Kentucky Derby, reports bloodhorse.com.
The lawsuit, filed against both Churchill Downs and embattled trainer Bob Baffert, alleges (among other things) that Churchill was negligent in allowing the Baffert-trained Medina Spirit to enter the 2021 Kentucky Derby due to the trainer's well-documented history of medication violations.
Since Medina Spirit was disqualified, the plaintiffs say they hold “winning but unsettled pari-mutuel wagers.”
Churchill's motion to dismiss argues that pursuant to a 1990 case decided by the United States Sixth Circuit Court of Appeals, White v. Turfway Park Racing Association, a bettor cannot cash bets outside the governing regulations.
The motion argues that no contract exists between Churchill and bettors “that would compensate bettors based on an order of finish changed after the race was declared official.”
The motion also points to state statute, KRS 230.760, which “grants a racing licensee immunity from damages for exercising its duties and discretion in the absence of bad faith, malice, or improper motive.”
Read more at bloodhorse.com.
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