Trainer Affidavits Support Borell In McIngvale Lawsuit
Trainer Affidavits Support Borell In McIngvale Lawsuit
by
Ray Paulick |
11.13.2015 | 2:50pm
Attorneys for Maria Borell have submitted three affidavits from
Thoroughbred trainers supporting Borell’s contention that her former
employers, Gallery Racing Stables and owners James and Linda McIngvale,
owe her a percentage of purse money won by Runhappy while under her care
from April until Nov. 1.
Borell, who was fired Nov. 1, one day after Runhappy won the Breeders’ Cup Sprint at Keeneland, filed a breach of contract and defamation lawsuit
against the McIngvales seeking 10 percent of purse money won by the
colt, two lifetime breeding rights to the horse, and punitive and
compensatory damages. The McIngvales have denied that Borell is entitled
any percentage of purses because she was a salaried trainer whose
expenses were paid by them.
Providing affidavits were trainers Charles Simon, Ken McPeek, and Steven Moyer.
Simon, who trained Runhappy and other horses for the McIngvales from
January to October 2014, said he received a “day rate” of $76 plus 12
percent of purses won for first-, second- and third-place finishes.
McPeek, who has not trained for the McIngvales, said in his
experience it is customary for trainers to receive 10 to 12 percent of
purse winnings whether the trainers are “public” (i.e., training horses
for multiple owners) or “private” (having only one client and receiving a
salary). McPeek also said it is customary for a trainer to receive a
lifetime breeding right to a horse for winning a Grade 1 race.
Moyer, currently an assistant to Jimmy Jerkens in New York, formerly
worked for the McIngvales from August 1997 through April 1998. He said
he received a $700 per week salary and commission equal to 6.5 percent
of purse money the horses in his care won for finishing first through
fifth. He trained approximately 20 horses for them during the period in
question.
Both Simon and Moyer also spoke of the difficulty they encountered
with Laura Wohlers – racing manager for the stable and the twin sister
of Linda McIngvale – during their tenure. It was with Wohlers that
Borell argued the day after Runhappy’s victory over whether to send the
colt to the track for training that morning. Borell contended the horse
had filling in an ankle and should not be taken to the track. She was
fired by Wohlers several hours after their argument.
“To put it bluntly, dealing with Ms. Wohlers was extremely
difficult,” said Simon. “She tried to micromanage training from Houston
(where she worked for Jim McIngvale’s Gallery Furniture store) and
disregarded my advice or directions regarding the risks involved in
over-training horses.”
“I ended my relationship with the McIngvales in approximately April
1998 principally because of the involvement of Mr. McIngvale’s
sister-in-law, Laura Wohlers,” said Moyer. “After Ms. Wohlers and her
involvement was injected into the training of the McIngvale horses, it
became very difficult for me to continue in that position. Ms. Wohlers
was very confrontational and, to say the least, was extremely difficult
to deal with. It finally reached the point where I severed my
relationshiop with the McIngvales.”
The affidavits were entered into the case in support of an effort by
Borell to have Breeders’ Cup and Keeneland – both named as defendants in
the cast – put 10 percent of the winning Breeders’ Cup Sprint purse
into a Court-monitored interest bearing account until such time as the
dispute is decided. A hearing on a motion by Keeneland and Breeders’ Cup
to be dismissed from the case was scheduled for today.
Plaintiff response and affidavits