By Lucas Marquardt
A Fayette Country circuit court judge yesterday ordered the Breeders' Cup and Keeneland to release Runhappy (Super Saver)'s purse winnings for the GI Breeders' Cup Sprint to owner Gallery Racing, ruling against a motion by the legal team of the colt's former trainer, Maria Borell, to have a portion of the winnings held by the court as pending litigation plays out.
Borell filed a breach of contract and defamation lawsuit against Gallery Racing's owners, James and Linda McIngvale, on Nov. 9, alleging she was owed an industry-standard 10% trainer's commission for Runhappy's Sprint win, as well as for previous wins in an Ellis Park allowance July 31, the GI King's Bishop at Saratoga Aug. 29, and the GIII Phoenix S. at Keeneland Oct. 5.
The suit also contends that Borell is owed two lifetime breeding right to Runhappy, one for each of his Grade I wins. The McIngvales have countered that Borell was a private trainer and that it was agreed that she'd be paid $1,000 per week, plus bonuses for big wins, including $10,000 for Runhappy's King's Bishop win that was paid to Borell.
At a hearing in Lexington on Friday, Judge James Ishmael told lawyers representing Borell, the McIngvales and Keeneland that Kentucky law dictated that the winnings be distributed to the McIngvales, despite a personal leaning that the money be held.
Runhappy earned $820,000 winning the Sprint at Keeneland Oct. 31 with Borell as trainer. The 32-year-old was fired the next day after a disagreement with Gallery's racing manager Laura Wohlers over whether Runhappy should be sent to the track. Borell's lawyer, Richard Getty, asked the court to hold $117,752 of Runhappy's Sprint winnings. That number included $82,000, or 10% of the Runhappy's Breeders's Cup earnings, that Getty says Borell is due, plus unpaid compensation from Runhappy's previous wins.
Representatives of Keeneland said all other purse monies from the Sprint had been paid out, and were seeking direction from the court as to what to do with Runhappy's earnings.
In related news, text exchanges between Borell and Wohlers were released Friday. Getty said the exchanges supported Borell's claim that she had never agreed to a situation in which she wouldn't be paid a 10% commission.
“Laura, can we talk some about his next race?” Borell texted prior to the King's Bishop. “Will I get 10% if [Runhappy] wins? I know I have the horses in the stalls etc, but my parents are about to lose everything and move into an [sic] basement apartment because my sisters are screw ups. I just want to give them the money. Even 5%, anything. Sorry to ask via text, but I am balling crying.”
Wohlers responded, “Sorry about that happening. We have never paid a commission to our private trainers. Mack…said he'd give you a 10k bonus if we won and I could ask him about more if we won but can't promise you anything. The barn costs us sooooo much more to pay for everything ourselves than a day rate. I'll ask him though if we win but I don't think now is the time.”
Borell's legal team also collected affidavits from three trainers–Charles Simon, Ken McPeek and Steven Moyer. All three said it was industry standard for trainers to be paid 10-12% of purse winnings for horses running first, second or third, whether or not they were considered public or private trainers. Additionally, Simon and Moyer both trained for the McIngvales, and both commented on Wohlers, James McIngvale's sister-in-law and Linda's twin sister.
“To put it bluntly, dealing with Ms. Wohlers was extremely difficult,” said Simon. “She tried to micromanage training from Houston and disregarded my advice or directions regarding the risks involved in over-training horses. I was relieved that I could ultimately extricate myself from the situation. I disagreed often with her usual training theories. To say that dealing with her was difficult is an understatement.”
Moyer, currently an assistant for Jimmy Jerkens, privately trained for the McIngvales from August 1997 through April 1998. Moyer said he was paid $700 per week, plus a 6.5% commission on all purse winnings. That, said Getty, undermines the claim the the McIngvales have never paid a commission to trainers.
“I ended my relationship with the McIngvales in approximately April 1998 principally because of the involvement of…Wohlers,” said Moyer. “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 relationship with the McIngvales.”
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