Borell Files Lawsuit Against McIngvales
Blood-Horse
Maria Borell has filed a lawsuit against the owners of Runhappy, who she trained to victory in the TwinsSpires Breeders’ Cup Sprint (gr. I), seeking money from purses the colt earned under her care and also alleging defamation.
According to the lawsuit, filed in Kentucky’s Fayette Circuit Court, Borell is seeking $122,752 in purse money from James and Linda McIngvale’s Gallery Racing for Runhappy’s victories in the Sprint, Stoll Keenon Ogden Phoenix Stakes (gr. III), and NYRA.com King’s Bishop Stakes (gr. I), as well as a portion of a purse from a win by Triplehott, another horse under Borell’s care that was claimed at Arlington International Racecourse June 27.
The complaint states that when Borell agreed to train the McIngvales’ horses “it was with the understanding that she would be paid according to the industry standard for Thoroughbred horse trainers…$1,000 per week, 10% of Gallery Racing’s share of purses won by horses trained by Ms. Borell, 10% of any amounts received by Gallery Racing for horses trained by Ms. Borell that subsequently won claiming races, and one lifetime breeding right for each grade I winner trained by Ms. Borell.”
Keeneland and the Breeders’ Cup are also named in the suit because they have not dispersed the purse money to the McIngvales. The complaint asks that the Breeders’ Cup and Keeneland pay all purse funds “into court until this matter is resolved.”
The McIngvales and racing manager Laura Wohlers have contended that a verbal agreement with Borell did not include the trainer taking a share of purse money. After removing Borell as trainer of Runhappy Nov. 1, Wohlers has taken over care of the horse.
“She was a private trainer,” Wohlers said Nov. 4. “Probably because this is in litigation now, all I would like to say at this time is that we don’t pay the 10% (commission) to private trainers.”
Borell’s laywer, Richard Getty, said he has “reason to believe a couple of other trainers who trained for (the McIngvales) got (commission from purses) and will testify,” but would not disclose who the trainers were.
The suit also alleges the McIngvales made “false, libelous, defamatory, and damaging statements” in a Nov. 4 Paulick Report article, which the lawsuit says called into question Borell’s “competence as a trainer.”
“Borell’s professional reputation has suffered and continues to suffer damages as a result of Mr. and Mrs. McIngvale’s libelous and defamatory statements,” the lawsuit states.
Getty said he is still hopeful for a resolution out of court, and said there are numerous text messages and email’s between the parties involved that support Borell’s case, although he declined to share them with Blood-Horse.
“We started out just trying to get her paid what she’s owed… I wrote them a letter asking to resolve this, but they never got back to me by the deadline,” Getty said. “I’m still hopeful that reasonable heads will prevail and that we’ll get this thing resolved. Even though (Borell) has clams for the improper statements they made, I’m not sure she has an interest in pursuing (defamation, because of the cost). If they step up to the plate and pay her, we would certainly consider resolving everything. She has legitimate claims that if they were put in front of a jury, I believe there’s a substantial likelihood they would award her a significant verdict. If she’s forced to go through that, she will.”
When asked why Borell didn’t take issue with the agreement prior to being relieved of her training duties Nov. 1, a day after the Breeders’ Cup, Getty said he did not know.
“Maybe they were going to pay her and then she got into a dispute with Wohlers,” Getty said.
The McIngvales are now represented by lawyer Monica Orlando of Houston, Texas, who is currently working in court and unavailable for comment. Hank Stout previously represented the McIngvales in their dispute with Borell, but still represents them in other facets.
