Emails, Texts Released in Borell-Gallery Suit

Both sides in the ongoing dispute between trainer Maria Borell and Gallery Racing have unveiled email and text message exchanges between the two parties in court documents obtained by Blood-Horse in advance of a hearing Nov. 13 to decide where purse money from Runhappy's win in the TwinSpires Breeders' Cup Sprint (gr. I) should be held while the lawsuit filed by Borell is in litigation.

In a decision Friday, a Fayette Circuit Court judge ruled that the purse money from the Sprint is to be distributed to Gallery Racing by Keeneland and the Breeders' Cup.

In response to Borell's lawsuit filed Nov. 9—which seeks purse shares from Runhappy's wins in the Sprint, Stoll Keenon Ogden Phoenix Stakes (gr. III), and NYRA.com King's Bishop Stakes (gr. I)—owners James and Linda McIngvale countered with an email exchange between Borell and racing manager Laura Wohlers. Runhappy is currently under the care of Wohlers after the McIngvales removed Borell as trainer Nov. 2.

BALAN: Borell Files Lawsuit Against McIngvales

The response contends Borell "was hired by Gallery Racing as a private trainer, a position distinguishable from a public trainer in both terms of duties and compensation." In the McIngvales' response, an email from Borell references a prior conversation she and Wohlers had over the phone.

"I only asked because of my family's current situation," Borell wrote Aug. 9, referencing a request to collect a commission on Runhappy's purse earnings. "That amount of money would be a life changer. I never asked with the smaller races, because I figured with me having the horses in the barn, that 10% was off the table and we had never talked about it. The private training thing is new to me, and the other people I know who train privately do get the 10% still, but again I appreciate having my horses in the barn too, so I didn't worry about it. I just figured it wouldn't hurt to ask when it comes to stakes horses. (Runhappy) may be the best horse I ever get to train in my life. My only chance for a future for me to help my family. I really hope you did not find it rude that I asked."

Wohlers responded to Borell, indicating James McIngvale was going to give her a $10,000 bonus if Runhappy won the King's Bishop. The colt did win, and Borell was given the bonus.

"I understand (McIngvale) is giving you the ($10,000) if he wins," Wohlers wrote. "I just want to make sure you are on board and don't feel like you aren't getting your just due, because that would make you not really want to be there. Yes, training privately is a very different situation and you can make money on commissions as a trainer, but you don't make any on the day rate unless you do it all yourself, and you don't have the pressure of having to pay bills and get clients to pay you and hope they don't move horses elsewhere. It is costly to have a barn like we do, as we try to run it in a first-class way. I know you appreciate the opportunity and I think it will give you the chance to get your name out there in the racing world. Stick with us at least a year and I think you will be happy and will have more recognition. Then, if you want to go out on your own, it will be easier."

After citing those emails, the McIngvales' response stated: "(Borell) has no claim to the Breeders' Cup purse itself."

Borell and her lawyer Richard Getty countered with affidavits from other trainers, including those who have worked for Gallery Racing in the past.

Trainer Steven Moyer said in his statement that he received a commission from purses while serving as a private trainer for Gallery Racing.

"I was compensated as a private trainer by the McIngvales, by the payment of $700 per week, plus I also received 6 1/2% commission on all purse winnings across the board," Moyer said.

After citing Moyer, Borell's response states his testimony "absolutely (refutes) the statements of the McIngvales published in the Paulick Report, which provide the basis for Ms. Borell's defamation claims, that the McIngvales have never paid a commission to a private trainer."

Trainers Kenneth McPeek and Charles Simon also made statements that the industry standard for trainers, public or private, is a 10-12% commission on purse earnings.

Borell's response also includes a text message exchange between the trainer and Wohlers, in which Borell asks for commission.

"Will I get 10% if he wins?" Borell said via text. "I know I have the horses in the stalls (but) my parents are about to lose everything and move to a basement apartment because my sisters are screw ups. I just want to give them the money. Even 5%, anything."

"We have never paid a commission to our private trainers," Wohlers responded. "(McIngvale already) said he'd give you a $10,000 bonus if we won and I could ask him about (it) more if we won, but can't promise you anything."

After presenting those materials, Borell's response said: "Despite the responding defendants' efforts to portray this as an ill-advised attempt by a disgruntled former employee to obtain monies to which she is not entitled, in fact this matter is more akin to David's willingness to face down Goliath in order to protect himself and those things he held most dear. Ms. Borell does not seek anything other than the protection of what she rightfully asserts she is entitled to receive."