Court Dismisses 'Toe Grab' Suit From 2022 Lukas Classic

A lawsuit seeking damages after Rich Strike finished second behind Hot Rod Charlie in the 2022 Lukas Classic Stakes (G2) at Churchill Downs was dismissed this week by Jefferson Circuit Court in Louisville, Ky. The dismissal order filed April 14 kept intact Hot Rod Charlie's head victory. Rick Dawson, who campaigned Rich Strike as RED TR-Racing, alleged in a complaint filed against the ownership of Hot Rod Charlie and trainer Doug O'Neill that the horse was wearing toe grabs in violation of racing rules and sought the difference in the winner's share of the purse and second-place money. First place was worth $305,520 in the $498,000 Lukas Classic, and second place was $99,200. Toe grabs, which are designed to provide horses with more traction and reduce slipping, have rim measurements that exceed safety parameters allowed by the Horseracing Integrity and Safety Authority. The dispute unfolded when Rich Strike trainer Eric Reed received photographs that he said depicted a violation. He reported the alleged infraction to the Kentucky Horse Racing Commission, now known as the Kentucky Horse Racing and Gaming Corporation, but no one from the Rich Strike camp officially filed a formal complaint. According to the court order dismissing the case, "KHRC opened an investigation into the matter, and concluded that there was sufficient evidence to confirm that Hot Rod Charlie raced in compliance with the Rule." READ: Hot Rod Charlie Timeline Shows KHRC Acted Quickly In February 2023, HISA's board of directors voted unanimously to accept its enforcement team's recommendation not to take further action related to a contested outcome in the 2022 Lukas Classic. The enforcement team recommended that Kentucky "stewards had a reasonable basis to find that the horseshoes worn by Hot Rod Charlie during the 2022 Lukas Classic did not violate" HISA rules. Dawson's lawsuit, based on common law tort principles, followed. After deciding HISA preempts common law claims under state law for a violation of HISA rules, the decision written by Judge Annie O'Connell also ruled that a violation of a HISA rule does not give rise to a right to bring a private tort claim in the first place. Citing judicial precedent, O'Connell wrote, "Simply because a federal law has been violated does not automatically give a party a private cause of action. A private cause of action for the violation of a federal statute does not exist unless the legislature has expressly or impliedly designated that right under that statute. 'Private rights of action to enforce federal law must be created by Congress.'... The Plaintiffs have not shown a private cause of action and, therefore, they have failed to state a claim upon which relief can be granted." O'Connell was done yet. She also ruled HISA delegated authority to the KHRC for violations of its racetrack safety program and that Dawson had not availed himself of that remedy. "Plaintiffs have failed to exhaust their administrative remedies and that, too, is a reason to grant Defendants’ Motion to Dismiss," O'Connell wrote. Rich Strike won the 2022 Kentucky Derby (G1) at 80-1 odds after drawing into the race from the also-eligible list. With this court defeat, Rich Strike's record still stands at two career wins—a maiden claiming race from which Dawson claimed him, and the Run for the Roses—from 14 starts. His last race was a fifth-place finish in the 2023 Alysheba Stakes (G2) at Churchill Downs. The $2.5 million earner now stands at stud at Irish Hill & Dutchess Views Stallions near Saratoga Springs, N.Y. Dawson has a right to secure review by the Kentucky Court of Appeals of the Jefferson Circuit Court decision.