An element of a lawsuit brought by gamblers who lost bets on the 2021 Kentucky Derby (G1) has sustained a significant setback.
The suit, filed in March 2022 by Anthony Mattera and others seeking damages from trainer Bob Baffert and Churchill Downs, Inc., alleges they made bets that would have paid if Medina Spirit had not been entered and improperly allowed to compete. The horse was later disqualified by stewards for a medication overage.
Baffert and CDI filed motions to dismiss, followed by plaintiff's request to amend the complaint asserting theories of negligence against the defendants.
United States District Court for the Western District of Kentucky ordered on March 24 that the proposed amendment is futile and will not be allowed because it does not state a claim upon which relief can be granted.
To state a negligence claim, a party must allege a defendant owed the party a duty of care, that the defendant violated the duty of care, that the violation caused injury and damages to the party.
Judge David J. Hale wrote, "Noticeably absent from the proposed amended complaint is any allegation that (defendants) owed Plaintiffs a legally cognizable duty of care. This failure is fatal to their negligence claims. Furthermore, Plaintiffs allege no facts to support the claim...."
Other theories of recovery set out in the original complaint are pending. Briefs on defendants' motions to dismiss those claims should be wrapped up by April 28, according to the March 24 order.
