Lawsuit Against Jockey DQ'd by Judge

A lawsuit filed against jockey Luan Machado for poor riding after he finished second in a race at Churchill Downs last November was dismissed by Jefferson Circuit Court in Louisville, Ky.

Judge Jennifer Wilcox found as a matter of law the claims asserted by owner Gray V Train Racing and breeder Westbrook Stables are too speculative; and that the plaintiffs did not plead a breach of Machado's actual contract, which was to abide by the rules of Kentucky Administrative Regulations governing jockeys.

Plaintiffs also asserted a claim that Machado apologized for his error while asserting a claim for admission of liability/estoppel.

"Although this Court will look beyond mere labels to determine whether a cause of action has been appropriately pled, this Court first notes that there is no such thing as a claim for 'Admission of Liability; Estoppel' under Kentucky law," Wilcox wrote.

"(T)he Court finds that Plaintiffs would be unable to prevail under any set of facts which could be proven in support of their claims, and, therefore, their First Amended Complaint should be dismissed with prejudice."

Attorney Andre Regard of Lexington represents the plaintiffs. Machado is represented by Grahmn Morgan who led a team from Dinsmore and Shohl, also from Lexington.

Regard filed a notice of appeal with the Kentucky Court of Appeals Oct. 2.