Nearly six months after his loss to Hot Rod Charlie in the Grade 2 Lukas Classic Stakes, the owner of Rich Strike has filed a lawsuit in Kentucky court over Hot Rod Charlie's shoes. Rick Dawson and his Red TR Racing filed a civil lawsuit in Jefferson Circuit Court in Kentucky March 24 alleging “intentional interference with a valid expectancy” over the shoe use. The suit names Gainesway Thoroughbreds, Roadrunner Racing 2018, Boat Racing, Strauss Brothers Racing, and Doug O'Neill — the owners and trainer of Hot Rod Charlie, respectively.
Hot Rod Charlie beat Kentucky Derby winner Rich Strike by a head in the Lukas Classic on Oct. 1, 2022 following an intense stretch battle between the two.
Dawson has taken issue with the outcome of the race since various photographs of the stretch run appeared to show protrusions from Hot Rod Charlie's front shoes. HISA's rule 2276 prohibits toe grabs, rims, and jar calks except either full outer rims of four millimeters or less, or toe grabs of up to four millimeters on hind feet only for traction on dirt races. Toe grabs have been banned on front shoes for some time in Kentucky prior to the implementation of national safety regulations last summer. A protrusion was visible on Hot Rod Charlie's front toes in some photographs, and not immediately apparent in others.
Read our previous reporting about toe grabs and safety regulation here.
Dawson took a complaint to the Kentucky stewards, who determined that the shoes worn by Hot Rod Charlie did not violate national rules. He then filed a complaint with the Horseracing Integrity and Safety Authority, which reviewed the evidence and the shoes that Hot Rod Charlie had worn.
A report issued by the Authority's board of directors concluded that Hot Rod Charlie had worn Kerckhaert Tradition XTs which previously had toe grabs that his farrier said he had ground down before they were put on the horse's feet to ensure rule compliance. The shoes in question show signs of wear and tear around the edges of the toes.
In Dawson's civil complaint, he claims “a toe grab protrusion of approximately 4 mm, half steel and half aluminum, appeared at the toe of the shoes. The fact that a 2 mm steel extension remains on the shoes calls into question Hot Rod Charlie's farrier's testimony that he ground down the Kerckhaert Tradition XT toe grabs … instead, it appears that, from August 30, 2022, when the farrier says he shod the horse, until October 10, 2022, when the shoes were finally removed, Hot Rod Charlie illegally trained and raced with toe grabs…”
The Authority's investigation focused on whether Hot Rod Charlie's shoes demonstrated signs of a traction device as defined by the rules. They determined that this question could be answered by measuring the highest point of the shoe to the area where the toe grab would have originated from — not from the highest point of the shoe to the ground surface of the shoe.
“Of course, whatever the explanation for how or why the toe grabs appeared on the shoes of Hot Rod Charlie on the day of the Lukas Classic Race, the Horse still ran in violation of HISA Rule 2276,” the civil complaint read.
Dawson is seeking compensation for the damages alleged, pre-judgment interest, punitive damages, and court costs. He points out he has lost out on the $305,520 purse difference between first and second prize, the value of the race's trophy, and potential impact to Rich Strike's syndicate value.
HISA shoe regulations do not specify whether a horse who runs a race in prohibited shoes must later be disqualified as a result.
The allegations in a civil complaint represent only the plaintiff's view of a case. A response has not yet been filed on behalf of the defendants.
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