A lawsuit naming jockey Luan Machado as a defendant claims his inaction caused a Kentucky racehorse to finish second instead of winning an allowance race last November at Churchill Downs.
The suit was filed earlier this money in Louisville, Ky., by the owner of Hold My Bourbon , which is Gray V Train Racing, and the 4-year-old ridgling’s breeder Westbrook Stables. Both entities are based in Versailles, Ky., near Lexington.
“Approaching the finish line,” the complaint alleges, “despite being in the lead by 2 1/2 lengths with a furlong to go, Mr. Machado negligently eased up on his mount without adequate cause, allowing another horse to overtake HMB by a neck and denying Plaintiffs a rightful victory.”
The document claims Machado admitted he was at fault.
Damages of $47,560 are sought by Gray V Train, the difference in purse money for first and second place. Westbrook seeks $3,000 in Kentucky Thoroughbred incentive funds that would have been earned had Hold My Bourbon won. The complaint also asks for attorney fees. Under Kentucky law attorney fees are not ordinarily recoverable unless authorized by statute or contract.
Kentucky stewards twice sanctioned Machado for failing to compete to the wire last year. An order issued Nov. 30 found fault with his ride on Hold My Bourbon, the subject of the lawsuit, and he was suspended four days and tagged with a $1,000 fine.
A previous incident led to a fine and three-day suspension for Machado after he was riding Ultimate Strike with a 5 1/2-length lead and a furlong to go only to misjudge the Keeneland finish line. Ultimate Strike finished second.
To win their case against Machado, plaintiffs must tie his alleged inaction to a legal theory actionable in court.
Gray V Train and Westbrook assert Machado breached a contractual duty “to perform his duties in accordance with professional racing standards and to use reasonable diligence in his efforts.” Because there is no claim of an actual written or oral agreement between plaintiffs and Machado, the theory may be there is a contract implied by law.
Two theories of negligence are also pleaded: “professional negligence” in that Machado failed to “exercise his skills in a manner consistent with established professional standards,” and negligence per se based on the stewards’ finding against the jockey.
According to Equibase Machado had his best year to date in 2024, with a 155-133-128 mark from 1,015 starts and purse earnings of $10,129,018, ranked 22nd among all North American riders. He ranked 23rd in wins that year, up from 90th in 2023. Riding since 2018, Machado’s mounts have earned almost $24 million.
A legal complaint states one side of the case. Machado has been served and has the right to respond with different approaches, including whether the complaint states a claim upon which relief can be granted; admission or denial of plaintiffs’ allegations; and an affirmative defense questioning whether it can be proven the horse’s failure to win was caused by Machado.
The story was first reported by Paulick Report.
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