Written by Peter J. Sacopulos Originally posted on: Trainer Magazine (October 24, 2020)
Morning training of Thoroughbreds at tracks is standard to the industry. So too are exercise riders losing their mounts and loose horses. Less standard is a collision between horses resulting in civil litigation. This article examines such a case and several issues important to Thoroughbred trainers including the Sports Activity Doctrine.
From Routine to Unforeseen
Monday, May 7, 2018, dawned clear and cool at the Indiana Grand racetrack in Shelbyville, Ind. Jeremy Staley, who worked as an assistant groom for Michael E. Lauer Racing Stables, prepped a chestnut mare named Accessorizing for a routine morning training session. Accessorizing is owned by the trainer’s wife. The four-year-old had chalked up an impressive three first-place finishes in just under two years, and the Lauers were confident she had a bright future ahead.
As expected, Mr. Staley met with a licensed jockey named Marcelle Martins. Martins had offered to exercise horses free of charge. Several trainers had taken her up on it, including Mike Lauer. Lauer had four decades of experience as a trainer and knew that Martins was a skilled horsewoman with a valid jockey license.
Each received something of value from the transaction. For Lauer, it was the chance to test a potential hire while saving the expense of an exercise rider. For Martins, it was the chance to showcase her skills for a successful trainer and a shot at mounts in future races. Neither Martins nor Lauer presented or signed any paperwork. It was the kind of easy, informal agreement that happens all the time in professional horse racing.
Martins mounted Accessorizing and began the workout. Of course, she was not the only rider on the track that day. A number of other exercise riders were putting horses through their paces, and the track’s outriders were on duty. Everything went as expected until Martins and Accessorizing rounded a turn. The mare began ignoring Martins’ commands. Martins was unable to gain control of the reins. Martins lost her balance and mount, and Accessorizing was loose and headed toward a group of horses that included Glitter Cat. Glitter Cat was owned by Civiol Cruz, who was taking his horse through its own morning exercise routine.
Accessorizing collided with Glitter Cat. Cruz was thrown to the ground and injured. The clocker had sounded the loose horse alert. Cruz was loaded into an ambulance and taken to a local hospital. Martins was roughed up but did not require a trip to the ER. Remarkably, neither Accessorizing nor Glitter Cat sustained serious injuries.
The Lawsuit
On July 2, 2018, Civilo Cruz filed a civil lawsuit. The suit named the track, the training business, the owner/trainer, and Marcelle Martins as defendants. Cruz alleged in his complaint that the owner of the track failed to provide adequate safety precautions and protections. He also alleged that the existing safety systems, including the loose horse siren, failed to function properly. Cruz further alleged that, as owner/trainers, the Lauers knowingly allowed an unqualified employee to ride a dangerous horse, consciously putting others at risk. Finally, Cruz claimed Marcelle Martins was an unqualified exercise rider who had acted recklessly by losing control of her mount. . . .Read more today
