Borell Sues McIngvales For Breach Of Contract, Defamation

by | 11.10.2015 | 2:31pm
Maria Borell (second from left), following Runhappy's Breeders' Cup Sprint victory

Maria Borell has filed a lawsuit against Gallery Racing Stables LLC and owners James and Linda McIngvale for breach of contract and defamation in the aftermath of Borell being fired by the McIngvales as trainer of Breeders' Cup Sprint winner Runhappy.

The suit, filed in Fayette Circuit Court on Monday, also names Breeders' Cup Limited and Keeneland Association as third-party defendants holding funds to which Borell claims she is entitled.

Borell, 32, a native of Syracuse, N.Y., has been a licensed trainer since 2013 but quickly rose to prominence after Runhappy's victory in late August in the Grade 1 King's Bishop Stakes at Keeneland and subsequent victories in the Grade 3 Phoenix Stakes at Keeneland and the Grade 1 Breeders' Cup Sprint at Keeneland Oct. 31. She was fired the day after the Breeders' Cup by Laura Wohlers, the McIngvales' racing manager and Runhappy's former trainer. Wohlers is Linda McIngvale's twin sister.

In the complaint, which only tells the plaintiff's side of the story, Borell said she was hired “in or around April 2015” as Gallery Racing's trainer with the “understanding that she would be paid according to the industry standard for Thoroughbred horse trainers, i.e., $1,000 per week, 10 percent of Gallery Racing's share of purses won by horses trained by Ms. Borell, 10 percent of any amounts received by Gallery Racing for horses trained by Ms. Borell that subsequently won claiming races and one lifetime breeding right for each Grade 1 win by a horse trained by Ms. Borell.”

The complaint states Borell “has confirmed that other trainers previously hired and utilized by Gallery Racing received compensation according to this industry standard, including in particular the 10 percent of the owner's share of race winnings.”

Specifically, Borell is seeking $117,752, equal to 10 percent of purse monies won by Runhappy and a second Gallery Racing horse Triplehott, plus $5,000, equal to 10 percent of the $50,000 claiming price Gallery Racing received for Triplehott. The complaint also states that Borell is entitled to two lifetime breeding rights for Runhappy's two Grade 1 victories in the King's Bishop and Breeders' Cup Sprint while under her care.

Borell is suing both James and Linda McIngvale of Houston, Texas, for defamation for statements made by them in a Nov. 4 article published in the Paulick Report. The complaint alleges Borell was “subjected to numerous false, libelous, defamatory and damaging statements” by the McIngvales. “…Mr. McIngvale and Mrs. McIngvale have each published and thereby wrongfully and erroneously imputed dishonesty, incompetence, a lack of knowledge and concern for the well-being of horses and a lack of knowledge and competence as a trainer to Ms. Borell. As a direct and proximate result of such false and defamatory statements, Ms. Borell's professional reputation has suffered and continues to suffer damage as a result of Mr. and Mrs. McIngvale's libelous and defamatory statements published in the Paulick Report and other Thoroughbred industry publications.”

Borell is seeking compensatory and punitive damages, in addition to the aforementioned compensation. She is asking for a jury trial on all seven counts of the complaint.

Keeneland and Breeders' Cup have filed a response to the complaint asking for dismissal, citing rules of the Kentucky Horse Racing Commission that require only jockey fees be deducted from an owner's purse account. A hearing has been scheduled for Friday on the motion to dismiss.

Borell is being represented by Lexington attorneys Richard Getty, Danielle Brown and Matthew English. Houston attorney Monica Orlando, representing the McIngvales and Gallery Racing, could not be immediately reached for comment on the suit.

  • paul cassidy

    Go Get them, taking back our 4 mattresses

  • kybreeder

    This is very common in this business but a lot of times its doesn’t get brought up into the light. But Maria is doing the right thing go get YOUR MONEY!!!!

  • Secret Circle #1 fan!!

    This shouldn’t go to court….

    • Wild Oats

      I bet it doesn’t…

  • morningdog

    her description of the “industry standard” is way off! most trainers get a day rate and 10% of purses. if a trainer is on salary, as she was, there is not guarantee of 10% purse money unless that was the arrangement.

    • trooper seven

      It’s her lawyer’s description. Getty used to represent Jess Jackson and Stonestreet Stables, among others. I suspect he knows something about “industry standards”.

  • Peddler

    Let the games begin. More filings on the way??

  • Cory

    I hope she wins…and she names her first Runhappy baby….defamation

    • Mary (M.R.) Perdue

      How about Bed Bug?

  • Ida Lee

    You go Girl … If you need a good lawyer, I know one who sued his mother and won …

  • Lorraine

    I was on her side until she started a go find me account. Give me a break. She could have 60 head in her barn tomorrow. Instead she’s asking for a hand out.

    • Laura Woodside

      She isn’t the one that started the account.

      • MaiyaDay

        It was her best friend with her permission.

        • Laura Woodside

          She should have done this a week ago. Most are tired of hearing about it all now.

          • Nancy Hayes

            To an extent. But I am interested in her predicament and empathize with her situation. The racetrack is dog eat dog. Lying, backstabbing, gossiping 24/7, sedition, blackmailing, you name it. And it’s A THOUSAND times worse with the cards stacked against you if you are a female. 10 THOUSAND times worse if you are an ATTRACTIVE female. She obviously continues to ply her trade in that immensely difficult environment and a big part of doing that is $$MONEY$$!! A GoFundMe account will not only help her pay her court and attorney fees, but also let her live the GOOD LIFE by being able to purchase a gas tank fill up, a box of tampons, toothpaste, milk, and other LUXURIES. David did need help fighting Goliath I’d imagine. I am happy she is doing this. She is in the right, and deserved accolades. Not the heave ho.

          • Damn It

            You just described her perfectly. Backstabbing, sedition, lying, gossiping and blackmailing. So when it’s her that way why should we find her toiletries. Getty isn’t charging her a dime and why should we pay for lawyers that she needs to fight cases she put her self in by her detrimental behavior. You must be her cause you sound like a nut.

          • Beck

            When I need those luxuries I get a job, I don’t stand on the street corner with a card board sign. Does she have cancer or lost the use of her legs? This is a slap in the face to anyone who really needs help!

          • Big dog

            This isn’t the first time her name has appeared with go fund me. I also hear she’s taken an assistant job with dane kobiski, so she won’t starve to death. Wait a minute if she’s in Ocala whose taking care of the farm?

          • Nancy Hayes

            She has a job. Racehorse trainer. Not the steadiest paycheck.

          • greg

            who still uses tampons? sorry, i’m bored

          • kmbrl2496

            Well said! Agree 100%

          • Chancey Gardner

            200+ comments … apparently just you, but you are here, anyway complaining about not wanting to hear about it. Go figure.

          • Laura Woodside

            I wasn’t saying I was one.. I was merely stating that most everyone on social media is tired of the story. Things like this grow old after about 3 days.

        • Peddler

          And you know that how?

          • MaiyaDay

            I commented on the GoFundMe post on Facebook and Maria responded.

          • Peddler

            Hmm. Thanks !

    • Bein

      Go Fund Me for what?

      If she could have 60 head in her barn, she would have 60 head in her barn. She’s extremely inexperienced, and people don’t usually flock to the inexperienced even if they are so lucky as to have one good horse.

    • trooper seven

      Too bad people don’t check their facts–or don’t want to. She didn’t start that go fund account. A friend of hers did. So I guess you weren’t on her side to begin with or you’d know the story.

      • kmbrl2496

        These people aren’t interested in facts. One minute you got people screaming about money she owes, the next minute they criticize the Go Fund Me acct. it just kills some people that she has support.

    • Pamela

      SHE did NOT set up a Go Fund me page. A page was set up for her only AFTER she was not paid for her services. Way to have all the facts before making a comment like that!! Unreal..

  • So sad that the feel good story of this year’s Breeders’ cup turns to a negative. This is why racing can’t get out of its own way. Too many bad people like the Mattress M0ron.

    • Peddler

      Well said.

    • Bein

      Actually, American Pharoah was the feel good story of this year, and it is a shame that this story is all people want to talk about.

  • shed foreman

    Industry standard? Salary and 10%?…..where do you get your facts….assistants get a salary and a small percentage, trainers get day rate and 10%

    • Barbara Bowen

      So Baffert got eight lifetime breeding rights in Pharoah – one for each Gr.1 win, right?

      • gate2wire

        Like I said… Bob shouldn’t even have to train with all the breedings he’s entitled to through the years….

        • Chancey Gardner

          Some people would say Jimmy does and Bob gets the credit

  • Black Lion

    Really!!!! You name the two most powerful entities in horse racing in your lawsuit and think you will ever race anywhere in this country again!!! M’s Borelli needs to understand how the good ole boys club works. Stick a fork in her. Those two breeding seasons won’t matter one bit when it’s all said and done. If Mack sells Happy to a stud farm that part of your suit won’t make a squat. I hope you’re ready for the big time with big boys cause you’re about to get every skeleton in your closet uncovered from birth.

    • Jay Stone

      Enough said

      • Black Lion

        I just don’t understand why you would let a lawyer talk you into suing Keeneland who clearly has absolutely nothing to do with this and everything to do with your future in horse racing. Just a little word to the wise for Ms Borelli. Social media can make you feel like you have on a Teflon suit when really it’s a gasoline straight jacket. None of these people are gonna be there for you in the end. This is entertainment to most of us but it’s real life to you. Wake up before its to late. You’re in to deep right now and the money you’re suing for isn’t that much money. It really won’t change your life that much. If you end up with 20k after al is said and done would all of this be worth it. Do you really want to owe legal fees to the other parties when you lose. Do you really want every email and text message you’ve ever sent to become public information. Not to mention every post to a blog. I hope you understand what you’re in for. I’ll give you less than 1% chance of receiving any money.

        • Matthew Hood

          Think about the chunk her lawyers will take and the back money she owes in farm leases. If she were to win this case she would at best break even in the whole deal. But is her future worth that? I get the feeling she will not be getting any horses soon. Maybe someday down the line when it all cools off, but not anytime soon I would think.

          • Peddler

            I see an assistant trainer in her future. Lawyers take what, 33% unless an otherwise agreed amount is in place.

          • David Rose

            I see porn in her future!

          • DDAmasa

            Why? She has an issue with these particular owners stiffing her. Why would any honest owners refuse to do business with her?

          • trooper seven

            We know nothing about the agreement with her lawyers. Double nothing. She found them quickly and they sure don’t sound like ambulance chasers…they are versed in equine law, and they have dealt with enough horse business to have some idea of what is considered “industry standard.”

          • Vudu

            Be happy she got screwed?

        • John Henry

          she will have more $$$ after this than you have in your shoe box cooter.

          • David Rose

            Wrong!

          • Roark

            Good then she can pay her debts owed all over town. 2 landlords, Rood and Riddle, farm supply store in Versailles, etc. All a matter of public record online. You commenting clowns have no clue and should do some homework.

          • DDAmasa

            Not remotely relevant to whether her claim is valid or not. However it is further proof that being stiffed is affecting her financially.

          • kmbrl2496

            Agreed. Some people feel the need to attack her personally when they don’t have all the facts. Bullying is a huge problem in our country & we have adults contributing to it. Very sad.

          • kmbrl2496

            So she’s struggling. Your attempt to make her look bad dsnt change the fact that she still deserves to get paid.

          • Nancy Hayes

            Which is why the GoFundMe acct was set up FOR HER, NOT BY HER, is a great thing. A financial boost while she is trying to pay to live, find horses to train, pay off previous lease fines, and help cover her court costs. She trained the BC SPRINT WINNER, and he needed her. She got gobsmacked by notorious backstabbing, and thieving owners who had never won anything like this until she did them a solid and trained their horse. Then she gets thrown out like yesterday’s trash. I am glad she is fighting this. Come what may.

          • gate2wire

            Eh, after the attorney gets his cut, there won’t be much money to go around.

        • Nancy Hayes

          Her naming Keeneland in the suit is not an attempt on her part to tie them in as a conspirator, but are being listed in the suit really to give them the courtesy of a heads up that Hap’s win money is being disputed and they need to act with caution. I understand what you are saying, but in this situation, she would rather stand up for herself come what may, instead of being chewed up, and spit out. I for one think she is doing the right thing. Gallery Racing has karma to face. Its here.

          • You make a good point. She might just be notifying them that there is a dispute to give them a chance to freeze the payment to the defendant pending the outcome of her case.

        • DDAmasa

          I guess your guiding principal is just to keep low and take the crap without protest like a good little chump.

        • trooper seven

          Why in the world are you writing these long missives, saying nothing but throwing out opinions….like garbage.

        • Vudu

          Wow. Go along, to get along?
          Do you let people walk on you, especially while still at the fringe of victory’s light?

          It also affects her reputation going forward. If the McIngvale’s break that anyway, would you really knuckle under & stand for it?

        • trooper seven

          Just a little word to the wise to Black Lion. Check out her lawyer. Check out one of that lawyer’s clients, Stonestreet Farms. Check out Jess Jackson who was that lawyer’s friend. He didn’t talk her into anything, but whoever recommended him to her knew their business and knew their lawyers.

        • trooper seven

          “I just don’t understand why you would let a lawyer talk you into suing Keeneland who clearly has absolutely nothing to do with this and everything to do with your future in horse racing.”””
          You really need to research her lawyer before you make wild suggestions. This garbage you keep spewing has nothing to do with the case and everything to do with your obvious need to smear her.

        • Tim Lambro Sr.

          Where do you get off advising this lady? She has a case. I hope your handicapping is better than your morning line odds. Of course we’ll all get the standard reply you make your living off betting horses. By the way, it Ms Borell, not Borelli. The strangest comment is Keenland has ‘everything’ to do with her future. Laughable, laughable!!!!!!

    • If Maria wins that point, the owner’s could still sell their horse with full disclosure that Maria has 2 lifetime breedings.

      • Barbara Bowen

        Some farms and agents would include her for one anyway just doing the right thing.

    • Billy Shoe Makr

      she won’t need breeding rights for horse as she will be giving it hard to old big ears and his customer service manage who thinks she knows heat in the ankles. Only heat is her fanny when the jury awards millions.

      • Black Lion

        Now that’s an even more insane statement than some of her statements. I hope she doesn’t have million dollar dreams cause she might be on suicide watch after all of this is over. Her first order of business is to worry about her two court dates next week where she owes rood and riddle big money

    • Nancy Hayes

      If she gets the breeding rights she can SELL them.

      • Nancy Hayes

        Each year. It will be income. Substantial if he becomes successful.

    • J

      You have no idea how a lawsuit works. The whole reason to include Keeneland in the lawsuit is not for financial reasons. Mack would be smart to settle this soon because a jury trial will destroy him.

      • David Rose

        No chance!

      • johnnyknj

        1-5 Keeneland and BC are dismissed from this on initial motion. Their inclusion is a wild stab. The entire complaint is obviously weak to anyone who knows anything about the owner-trainer relationship, absent some form of contract that supports the plaintiffs assertions.

        • Daconsul

          I’m fairly certain that the attorney knows there is little chance of the judge not dismissing Keeneland from the suit I think that he just wanted to have them associated with the case because of the negative publicity this will bring on them and the industry in the eyes of the general public. I think he feels this would help put more pressure to get this resolved without going to trial.

          • Gene

            Amen, someone with some knowledge.

    • DDAmasa

      I’m sure Keeneland, Breeders Cup Limited and their attorneys understand why they were named in the suit and its not nearly the big deal you think it is.

      • Bosco

        Neither Keeneland nor the Breeders Cup is withholding purse money. Keeneland does not withhold the standard 10% of payout and the Breeders Cup awards purse monies DIRECTLY to the owner.

        • trooper seven

          Yes, it takes a little time though.

        • trooper seven

          also named in the suit because they have not dispersed the purse money to the McIngvales. The complaint asks that the Breeders’ Cup and Keeneland pay all purse funds “into court until this matter is resolved.”

          That’s a pretty common request in this kind of litigation. Sometimes honored, sometimes not honored. But no big deal to be included under those terms.

      • trooper seven

        You’ve got it. No big deal.

      • Dust Prince

        exactly.

      • Chancey Gardner

        Her lawyer is no dummy – the cross on this deal was blessed( by the powers that be) before they acted

    • greg

      Mcingvale is FAR from one of the old boys, he’s disliked by other owners for his attitude and thus doing what she’s doing is not an issue in that regard. Aside from the fact she has no other horses thus she’s not risking anything. Sue him and embarrass him,

      • Chris Depuma

        They weren’t talking about Mcingvale as a good ole boy they were referring to Keeneland and the BC. Its a tough call, she has the right to sue Mcingvale but as a horse owner I would be less likely to send her horses now then I was 10 days ago. She may have been better off keeping all this behind closed doors.

        • greg

          I hear you but as a very small trainer she has to do this, she doesn’t have any other source of income and as for keeping it quiet, I’m almost positive she would have preferred to if possible, but any good journalist is watching every court filing every day and it would have been discovered, also may be hoping the amount of bad press makes him pay (not much chance, but a chance). Also as a horse owner/businessman wouldn’t you respect her more for suing and standing up to him, it’s not like a frivolous lawsuit.

        • Vudu

          Yeah, bury it in the backroom for being publicly cheated.

          Win Big Race – and get thrown away. I guess a trainer isn’t important in the training of a horse, or winning! Somebody cue the other winning trainers who had horses come in at Breeder’s Cup!

          Trickle Down only works one way.

        • Nancy Hayes

          Not I. Apparently the woman does not parlay anything. I ❤ this gal.

        • Gene

          Mack and Laura Wohler (sister in law) made it very public. with out telling the real facts.

      • Vudu

        I see this is a chronic condition.
        How much more arrogant can anyone be than to do it on the heels of the big race?

    • greg

      you truly have NO clue, when you own a share it’s yours, allows you to breed a mare to the stallion OR sell the breeding right for that season, the horse being sold to a stud farm for breeding purposes does NOT change that

    • Vudu

      The good old boys & the spoiled rotten rich kid that gets her way?

      What damage does this do to the reputation of the McInvingvales for being nasty people in a time when racing wants more fans?

      In the movies, Cinderella has 2 evil step sisters.
      Twins are good enough.

      • Chancey Gardner

        Amen. Let’s make sure to highlight what kinda’ cash he drops at the next sale…

    • JoAnn

      Not fair at all!! Why should the good ole boys get away with cheating!!

  • jojo

    Good; I hope she cleans their clock. Disgraceful people!!

  • Laura Woodside

    The horses name is now “UnHappy”.

  • HorseCounty1

    Either way, sucks to be her. She loses either way.

  • Jay Stone

    No trainer gets 10 percent of what a horse was claimed for. The two seasons she is looking for would only hold up if there was an actual contract. The biggest mistake is going after Keeneland which as stated doesn’t deduct trainer’s money from purses. As much as the owner is despised in racing this underdog trainer is going to catch up.

    • I think it is standard practice to ask for more than hoped for in order to have wiggle room to meet halfway.

      • GarlandTex

        As a son of a lawyer and a brother of another, one always goes for the big enchiladas.. It is good to bring Keeneland and the BC into the mixture so they can pressure McIngvale to settle. They also know it is business and likely understand her reasoning.

        • Aaaaaah. Deep pockets. Makes sense.

          • Machine Gun

            Deep pockets and a lot of power. The latter is one thing she doesn’t want them to use. It doesn’t matter how deep if they aren’t responsible for anything. That power is mighty in this industry. Always remember this, you can be dead wrong but in the court system money says you’re right. This is not the right case or client to fight for a cause for.

        • Peddler

          True, but let me ask you this. How will it affect her future in the Sport of Kings? I’m not looking for an answer, just posing a question. How re things in Garland these days? Not too far from you

          • trooper seven

            Her future is her worry. Not to be callous, but she’s got a good lawyer, I suspect but don’t know that she’s got some industry support from some people, ..

    • Matthew Hood

      I would have to look for the article, but I swear I read that she didn’t want to run the horse in the claiming race, but was forced to because the McIngvale’s wanted it claimed. Now she wants 10% for something she didn’t even want in the first place.

      • Peddler

        Whether she wanted too or not is irrelevant, the fact is she did..

        • Matthew Hood

          Well considering it’s not standard practice to get 10% of a claim for a trainer. Then be against running the horse in that race, and now want 10% of something you were forced to do seems odd.

          • Peddler

            Frankly Matthew, this entire thing is odd. Played out in all media formats. It does make things interesting though.

      • Greg J.

        Triplehott not Runhappy, that is who she was speaking of getting claimed.

        • Peddler

          And won, although not claimed I believe, at least not that I could find.

          • trooper seven

            I believe I read that Triplehot was claimed for $50000 and has run only once since that claim.

        • Matthew Hood

          Yes I am aware of that. She did not want him to run there, but McIngvale made her because he wanted to be rid of the horse.

          • Greg J.

            Yes, if you believe Borrell.

    • Peddler

      I had to ask myself why the same question about going after Keeneland, but the attorney’s have a reason. It’ll play out.

      • Yellow Rose

        Of course the attorneys have a reason and its money. It’s always money but his client has to live life after all of this is said and done.

        • Peddler

          It’s always about money, but in this case I believe it’s something else. Keeneland and the Breeders cup attorney’s have filed for a response to dismiss per the publication so we’ll see what happens on Friday. Going after the track and the breeders cup appears to be a reach, a long reach at best. Surprised they didn’t go after Gallery Racing. Too soon to tell, perhaps they will.

          • Bosco

            Going after Keeneland and the Breeders Cup is going to play out as to whom the responsible party to the horse was. The racetrack and the “holder” of the race probably bear some responsibility or a precedent as to the whole “insurer” rule. Its the only reason I can think of that they would name Keeneland or BC.

          • trooper seven

            I don’t know why everyone is so surprised about the mention of Keeneland and BC. They at this time hold money which is slated to be paid out to McIngvale. This is a pretty common thing to do in this kind of lawsuit. Sort of like an attachment. It will probably be dismissed since historically Keeneland and BC have not held out for trainers, but it’s a perfectly legitimate tactic.

          • trooper seven

            Gallery Racing is one of the named defendants in the filing.

          • Pimlico_Bred

            So you’ve seen the court filing? I’ve not seen Gallery Racing Mentioned anywhere.

          • trooper seven

            That information is in the story above, here in the Paulick Report.

            The first sentence. “Maria Borell has filed a lawsuit against Gallery Racing Stables LLC and owners James and Linda McIngvale for breach of contract and defamation in the aftermath of Borell being fired by the McIngvales as trainer of Breeders’ Cup Sprint winner Runhappy.”

            One doesn’t need to see the filing, just needs to read the first sentence in the story which is the foundation for all our comments.

          • Pimlico_Bred

            Just took my blinkers off. Thanks for pointing it out.

  • Bein

    I guess she didn’t think anyone in the industry would notice her false “industry standard” for compensation. $1000 a week? For what? One horse? Ten horses?

  • the wizard

    Will be interesting once the other side comes out and makes its case. No doubt who wins in the court of public opinion. May not be so clear cut in the real deal.

  • At least now it will work it’s way through the courts or they will settle out of court. May the best man win.

  • GarlandTex

    Good for her… this is a good idea, not so sure about the help me fund..

    • kateharper77

      Garland,
      I believe the gofundme account set up by Borel’s best friend is not a mistake. The fact is she now has no income, she never cashed the 10k bonus check after RH’s win in the King’s Bishop and likely can’t do so now, as I’m sure McIngvale put a stop payment on it once he decided to fire her.
      She needs to live and I would think any small donation would be appreciated and needed. Keep in mind, this woman did everything she could to bring RH back into racing shape. The owners benefited in a huge way when his winning streak after the Le Compte culminated with his triumph in the BC Sprint. Borell’s reward for that was to be fired.
      I hope there is a good, ethical trainer out there who offers her a job as an assistant. He or she can help her overcome her inexperience and naivete of dealing with the cutthroat racing industry. Hopefully, she can then move out on her own and find success.

  • Tinky

    Industry standard to receive a salary and 10%?

    Industry standard to receive 10% of the value of claimed horses?

    Sorry, but whatever legitimate gripes she may have, those ridiculous assertions are likely to undercut any chances that she would have otherwise had of winning the case.

  • Matthew Hood

    That is some very specific payouts when both sides agree they did not have a written contract. She would not be suing if she was still his trainer. So really it’s only because she got fired that she wants to change the rules.

    • trooper seven

      You don’t know what the rules were. Verbal contract means just that–nothing on paper.

  • Betty Earl

    I am no fan of the matteress guy, I never have been. But I have read nothing he or his people have said that could be termed “defamation”. I have watched the 5 or 6 youtube videos made between March & May of this year by Kara Harrison showing the inside of the house she rents to Maria Borell. There are between 6 & 9 dogs living inside her house that are not house broken, point blank Maria Borell lives like an animal with filth & clutter everywhere, if you had to enter her house upon leaving you would have to run and find a shower. There are more videos showing the condition of the horses she boards and they did not look like anything you would see at a top flight outfit.

    • Matthew Hood

      Funny how she has not sued this woman for defamation, when she clearly is trying to make Maria look bad and not even hiding this fact. Yet sues McIngvale for giving an interview and just stating his side. She is looking worse and worse. You have to wonder how many people (owners) want to get involved with her at this point.

      • Betty Earl

        You can not sue for defamation when something is the truth, so the videos speak volumes as regard to the truth.

        • Peddler

          The videos are just that, videos. Nothing more, and wouldn’t stand up. IMO

          • trooper seven

            Videos true or false which have nothing to do with this lawsuit. That kind of dirt can be thrown in these forums, they’d never be admitted in court.

      • Peddler

        I have to believe another lawsuit is in the works regarding that situation and plays second fiddle to todays action

      • trooper seven

        She didn’t sue Mattress Guy for “just stating his side.” She’s suing him for defamation and the grounds set out are pretty clear It will be up to the jury to decide if that was defamation, but I’m surprised his lawyer didnt’ warn him about interviews…and I wonder if MattressMac thought she would sue.

      • trooper seven

        When Wohlers fired Borrell, Wohlers acted as an agent of McIngvale . The defamation comments were made by the Mcingvales during the Paulick interview.

  • gate2wire

    Here we go…. As much as I feel she deserves to get paid, I’m saying she won’t win. There is too much he said-she said in this mess.

    • Matthew Hood

      I agree. She’s losing that young girl getting taken advantage of thing she had going for her. She’s now just asking for stuff that doesn’t even make sense.

      • trooper seven

        Doesn’t make sense to you. Makes sense legally. No big deal naming BC and Leeneland. happens lots of times that someone who is holding money for the defendant is named as a third party. Often thrown out, but it’s common.

    • Bosco

      It does – but makes you wonder how she got involved with them in the first place as pretty much everyone knew their reputation- at least it seems she took care of the horse – but the whole sweet naive stuff – NO. You completely messed that up honey.

      • gate2wire

        I was on Team Maria until everything started coming out and started to really stink. Should she get her % for the horses earnings? Yes because that’s pretty standard across the board….but all this other stuff is just bogus. And her just totally blasting people makes herself look very bad. A true professional would never have acted in this matter.

    • trooper seven

      That non verbal agreement and what each party said it held means nothing until it hits court.
      That is where it will be decided, not on these boards. The “industry standard” is mentioned again. McIngvale’s gone through 30plus trainers…something tells me he’s paid at least some of them “the industry standard.” But that’s my surmise.

      • gate2wire

        You are right… we are not the one to say who is right or wrong here….but history shows that if you don’t have proof in cases, you usually don’t end up with anything. She is likely to end up w/ the %, but all this other stuff I don’t foresee her being awarded.

        • trooper seven

          Some of the other stuff is no doubt considered negotiable…most lawsuits eventually involve some sort of negotiation taking place.
          We also don’t know what kind of evidence exists besides the “industry standard” criteria. Getty talked about the messages Maria sent giving directions for the care of the horse…I’m sure there’s more.
          I’m not a Kentucky trainer but I find it impressive that her lawyer, Getty, represented Jesse Jackson’s Stonestreet and was a personal friend of Jackson’s. From what I read McIngvales has few or no friends in the horse racing business although his family has been a powerful institution in the Houston area for years. Beyond the mattress business.
          What I do see happening is McIngvale snarling that Borrell can wait, and his lawyer fighting by using every delaying action possible.

        • trooper seven

          Gate2, Getty says or implies that some of McIngvale’s past trainers are prepared to testify about what he paid them when they trained for him. There is all sorts of potential testimony lurking in the bushes that is also potential proof.

          • gate2wire

            If they were smart, they would avoid this like the plague!

  • JayJay

    She says it is standard practice for an owner to pay a trainer 10% of every claim? Man, I see a class action suit coming if that ruling comes down. LOL

    • trooper seven

      Why do you see a class action? Reputable owners have written contracts with their trainers. Owners who feel someone is so hard up and desperate that an easy advantage can be gained over them have verbal contracts with their owners. I don’t see a class action suit coming at all.

      • Really?

        You clearly are not an insider. I would guess that less than 1% of trainers have written contractual arrangements with trainers. They should but they don’t.

  • JayJay

    All you need to know about this horse person is in a video where she’s trying to block the camera from seeing the condition of her horses. (its on youtube) What’s happening in the video is analogous to what’s happening here; mendacity.

    • DDAmasa

      All you have done for a week is smear this woman any way you can. It certainly tells people all they need to know about you.

    • kateharper77

      You should tell the McIngvales to settle this case posthaste. If it goes to trial, their reputation, assuming they had one in the 1st place, will go further down the gutter once Borell prevails.

    • trooper seven

      Why Jay J, how surprising to see you here again…shilling for McIngvale. NOT!

    • Chancey Gardner

      And we all know where your bread is buttered, Jay Jay.

  • JustJoe

    Maria does not have much of a case and frivolous litigation does not get you new clients.

    • Chancey Gardner

      I don’t think a high profile attorney would have taken the case if she “does not have much of a case”.

    • Daconsul

      Unless you are privy to all of the details in this case I do not see how you can say she hasn’t much of a case.

  • Greg J.

    And she has a Go-Fund me account? This “feel sorry” for me story is insane. Try and collect what you can Maria, as I guarantee owners won’t be knocking down your door with their horses. Can’t wait for the movie…

  • Bosco

    What a mess. Big mistake to include Keeneland and BC. Makes her look really bad. And as far as defamation- yeah they (mcingvales) did. But if she had stayed under the radar she would have come out of this a lot better. They defamed themselves as they usually do. I don’t blame her trying to get her BC money, and this is probably the only way she can -judging by the history of the McIngvale’s. But dont include Keeneland and the Breeder’s Cup. It makes you look like an idiot. Total disaster.

  • The universe

    Let me get this straight. You want the public to go find you for making bad financial decisions. You want us to help pay your debts you owe for farms and vets and whatever else it is you owe. You want us to fund you so you can take our hard earned money and make more bad financial decisions and we miss a meal or doing something extra for our children. Maria most of us were sympathetic not fools.

    • Greg J.

      True colors shining through.

    • Bosco

      I was on her side until now. (That isnt to say im on Mcingvale’s) She clearly had the horse’s best interests at heart. But by naming Keeneland and BC and this gofund me crap- she is making a fool of herself and the McIngvales look less like the morons they are. Very very disappointing.

      • DDAmasa

        She’s not at all making a fool of herself. She is doing the right thing. And I am fairly certain she didn’t choose to name Keeneland and BC. Lawyers make these decisions. She’s not being represented by some fly by night operation.

        • Bosco

          I realize that but she is taking on a huge – HUGE – litigation if her lawyer names them- and I still think the only reason is because under the insurer rule they (lawyers) think they can hold Keeneland and the Breeders Cup at least partially accountable since both the racetrack abd the race holder accepted the entry under her name as trainer. So she should be paid. I agree she should be paid its just unfortunate and disappointing that this is how its being done.

          • Barbara Bowen

            Suing them is meant to add pressure and notoriety. but the KHRC rules apply and like many tracks Keeneland does not withhold trainer commission. Because it is never set in stone.

            Mac can outlast her on this easily, unfortunate but true.

            I would contribute to a GoFund me page to make them all go away, though.

          • Bosco

            Agreed. It seems she didn’t have much of a choice..And i still am trying to figure out why they are involved in racing in the first place.

          • Bosco

            And I’m not so sure about the application of pressure when it comes to Mr. McIngvale. He seems completely immune.

          • Bosco

            In fact he seems to revel in it. I just think bringing Keeneland and the Breeders Cup into this is (if in fact a tactic to add pressure) is a big PR mistake. It is less of an application of pressure on McIngvale and more of a detriment to Maria’s cause.

          • Bosco

            This is why I don’t think that naming Keeneland or the BC is merely a lawyer tactic – because it would only backfire on them. Sadly it appears they are following the money. Keeneland doesnt hold 10% and the Breeders Cup money goes straight to the owner – and she apparently has no agreement with the owner. So how can she win? McIngvale has been throwing enough @#%* at this wall…

          • trooper seven

            The @#$% He (or his minions) are throwing is only being thrown on these forums…it has little or no relation to whether or not he violated a verbal agreement.

          • Barbara Bowen

            Probably hope Keeneland and BC might hold the money due to impending legal action which would apply pressure to Mac to settle. They are not legally obligated to do so per standard purse distribution protocol in Kentucky or by precedent, but might not want the even remote possibility of liability if they distribute while litigation is pending. I think the ultimate angle is to get Mac to do the right thing and quickly settle the suit to make this and Maria go away, and collect his purse.

          • Bosco

            So i dont know but i thought Mac had been paid- its like 72 hours or something – Sucks as i dont see him doing the right thing- i see him dragging this out just to make some weird point.

          • trooper seven

            I don’t believe that money has been distributed yet.

          • Bosco

            Aah.

          • Bosco

            Is it because of this “situation?” Im reading too much between the lines…but isnt the trainer of record -paper trainer even – the trainer of record? I mean this is the Breeders Cup for gods sake…

          • trooper seven

            I read that it takes at least a week to distribute the winnings. The “situation” may be delaying it a little but who knows?

          • Bosco

            Ok – just i understood payment generally made within 72 hours – but perhaps BC longer…

          • Chancey Gardner

            Some people believe that any press is good press. No one would be giving him the free limelight without this little fiasco. He’s loving it.

          • Bosco

            He is loving it isnt he? Seems that way anyway.

          • Chancey Gardner

            That is true of most buffoons.

          • Bosco

            Yuck. TOTAL buffoon.

          • trooper seven

            I doubt her lawyer believes K and BC are liable, but that kind of inclusion is a common way of notifying such parties that the money they will pay is in dispute. Nothing Borrell is suing for is uncommon and some of it is simply to provide wiggle room (I e breeding rights.) That’s my take, but I’m not in the courtroom.

          • Bosco

            Just so ridiculous- and you’re probably right – i just was weirded out that they named them – It just looks sooo bad on a PR level to me – when all she needs to do is prove that she was the trainer…but even then..if she had no true contract? It will be very interesting to watch this unfold

          • Bosco

            Maybe theyll go away. I dont see it happening but a person can dream…

          • Vudu

            Huh? Too much Perry Mason.

          • Bosco

            Youre right. ?. I guess its fun to speculate anyway. Which is all it is – speculation and a lot of BS.

      • I doubt it was her idea. She is probably just following an attorney’s advice.

  • Nancy Hayes

    The breeding rights are an industry standard. I used to joke with Jonathan Sheppard when I saw him at Delaware Park running a horse asking him why he even bothered to get out of bed when each year he had AT LEAST a half million coming to him from his lifetime breeding right to Storm Cat. LOL

    • gate2wire

      Really? This is the first time I’ve heard such a thing…. Guess Bob has some coming to him too then…..

      • Bosco

        Haha! I guess!!

        • gate2wire

          He shouldn’t have to train if that’s the case…..He’s like a billionaire in breedings…

    • Roark

      Wrong. Pletcher? Yes.
      M. Borell of the 0-22 lifetime record? No way.

      • Bosco

        Never heard of that either.

      • Chancey Gardner

        Uh, that is NOT her record now, is it?

    • Nonsense

  • Betty Earl

    What did I write to merit this being removed? — I am no fan of the matteress guy, I never have been. But I have
    read nothing he or his people have said that could be termed “defamation”. I
    have watched the 5 or 6 youtube videos made between March & May of this year
    by Kara Harrison showing the inside of the house she rents to Maria Borell.
    There are between 6 & 9 dogs living inside her house that are not house
    broken, point blank Maria Borell lives like an animal with filth & clutter
    everywhere, if you had to enter her house upon leaving you would have to run and
    find a shower. There are more videos showing the condition of the horses she
    boards and they did not look like anything you would see at a top flight
    outfit.

  • Politics101

    Maria and her attorneys have every right to file a complaint against Keeneland and the Breeders’ Cup. Just because they are powerful organizations does not mean that they are above reproach — that they can not be questioned.

    The powers that be in these organizations know the difference between what is right and wrong, what is just and unjust. They know what a terrible, negative, public relations disaster it would be if this young lady was cheated. They know, privately, which side they are on. Otherwise, why would anybody (owner/trainer/worker/fan) want to be involved in this business/sport?

    That said, I’m pretty sure the court will dismiss their involvement in this case.

    I hope that Maria’s attorneys can subpoena the IT records of the Paulick Report, The Blood-Horse, and probably other websites, in order to determine the identity of the professional PR operatives (Jay Jay, etc.) that are here to defame this women and spin public sentiment against her. Their argument, of course, is that Maria was a simple employee who deserved to be treated like dirt.

    As I have watched this story unfold, it is clear that there are a lot of evil, cruel, greedy people in this world. Enough is never enough.

    Maria not only deserves the credit, but the reward, of Runhappy’s success. As do her jockeys (Erin Walker and Edgar Prado), exercise rider, groom, and hotwalker.

    Put me on the jury. I live in Lexington.

    • Lost In The Fog – Robert Lee

      “Maria and her attorneys have every right to file a complaint against Keeneland and the Breeders’ Cup. Just because they are powerful organizations does not mean that they are above reproach — that they can not be questioned.”

      Most likely Keeneland and the BC are named as third-party defendants only because they are/were in control of holding and then distributing the purse funds to the participants in the BC races. Neither should be expected to choose sides or referee a contractual disagreement between an owner and trainer. The claims against both Keeneland and the BC will likely be dismissed as frivolous and a waste of the court’s (and by extension the taxpayers’) time.

      The claims against the McIngvales are what’s relevant.

      • Politics101

        Thanks for the legal clarification. I agree.

        Go Maria!!!

    • Mandi Mcbride

      And, you’re a nob.

    • Cynthia Rush

      Well said Politics 101. Couldn’t agree with you more and count t have said it better myself!

    • jeannnnie1

      Maria is starving horse now and this is going to bust wide open, she is a evil woman

  • Lefty_Orioles_Fan

    The McIngvales are a Clown Show!

    How they have a legal leg to stand on is beyond me.
    Why they just didn’t write a check to Maria and be done with it is beyond me.
    All of this because they wanted to take Runhappy for a walk in the park to work off the vegetables and lactic acid….SMH!! #Brainless!
    I mean if I won the Kings Bishop and then backed it up with a win at Keeneland and then on top of that a brilliant Breeder’s Cup win, I would be on Cloud Nine and having a party. What is wrong with these people?????

    • Chancey Gardner

      They will probably settle out of court, the dumb hillbilly ; he could have saved himself a lot of money by just paying her quietly and dismissing her 2 months later. He allowed the she-drama of the sister-in-law to prevail. Not smart.

  • Gene

    lawsuit only way to recover monies. Horseracing will always be a good ole boys club. Mack needs to pay for his sister in law’s blunder

    • JayJay

      It costs $2k-3k a month to own a thoroughbred in training. Except for that exclusionary facet, horse racing participants are probably more diverse than in any other professional sport.

  • Gene

    I would like to know if American Pharoah’s trainer got paid???

    • Jenn1120

      Probably not lol

  • JayJay

    I don’t support Maria because she neglects horses. Truth be known, she even neglected her duties regarding Runhappy, facts that will come out if by a slim chance this goes to trial. However, with regard to the implications this suit may have if Maria wins. It will be the death knell for participation by many marginal owners, and therefore for many other entities that barely survive the industry as it is.

    • Politics101

      How do you know?

      Clearly you are a plant for McMatress interests. Do you have first-hand knowledge, with all of your senses, of anything? if so, do tell.

      • JayJay

        Plenty of stories on the backside, and a video of some of her animals to boot.

        • Politics101

          Please. Is that all you have?

        • Pimlico_Bred

          Videos on the backside that pertain to too this are.
          1) Totally irrelevant
          2) Useless in a court of law, but obviously not in a court of public opinion
          3) A waste of time on the part of the individual who took them, which will likely lead to further litigation
          JJ, I appreciate your comment, but believe it is without merit and somehow think there’s an ulterior motive. Just my opinion.

  • gus stewart

    i hope she wins, Mac has bought and over payed and has been played by the biz very very well. maybe this may embarrass him so much, he may get into the camel racing biz,,,, besides Maria is the hottest trainer(and i don’t mean percentages) in racing…. Hot!!!!!!!

    • vinceNYC

      abigail adsit is easy on the eyes as well………….let me ask you this Gus….WHY would McGinvale give an 0 for 22 deadbeat trainer such a good horse….no evidence she could train …..never before in my memory has a trainer who has never won been handed a stakes caliber animal…..think about it……my guess either she was trainer in name only OR she had another position with mattress mac..

  • vinceNYC

    Love to hear the other side of the story……..but if she is contractually owed she should get paid…..I believe Midwest Thoroughbred tried to do something similar last year…God knows she needs the money to satisfy the suits against her for all the folks she left in the wind……

  • carate

    She seemed like she didnt know what was going on. Pomp doesnt make you a trainer.

    • Chancey Gardner

      Laura, you mean? (snicker) Yes – working a young horse out of the gate repeatedly until it has a tibia, but running in a stakes race anyway is certainly not knowing “what was going on”.

  • Gene

    Jay jay try to report the facts only. Borrell was not treated properly by Mac and family. Nothing more than petty jealously from Laura. Have to feel bad for Mac trying to defend Laura’s untimely dismissal of Borrell.

    • MNJustin

      Sorry Gene, none of your statements are facts…all opinions.

      • Gene

        As a trainer in a nearby barn I know exactly what went on.

        • HorseCounty1

          Finally someone who was nearby… So Borrel trained the horse?

        • MNJustin

          Everybody has their version of what went on and those are all opinions. Only Laura and Maria know the facts and neither of them has any credibility with me.

          • Chancey Gardner

            It is damn near impossible to “train” a horse from 800 miles away. If Laura was doing the work, why didn’t she have the fancy hat and stand in the winner’s circle? Why do we “find out” about this after the fact?

          • Gene

            I observed Maria training Runhappy starting in May .She worked with the rider to train Runhappy to get out of the gate. I did not observe Laura at training center daily until after horse won first race. Observed Maria on pony when Runhappy out on regular basis. I know Maria was responsible for Edgar Prado as the jockey. I only can report on what I observed. I conclude Maria was the trainer.

    • kmbrl2496

      Jay Jay is not about the facts.

  • Sampan

    It’s a terrible thing to have the rug pulled from under her feet.
    However, based on what I’ve seen in the media neither
    Maria Borell nor her Lexington attorneys Richard Getty, Danielle Brown and Matthew English are conversant on the rules and regulations of racing.
    Both Keeneland and Breeders’ Cup have nothing to do with the regulations, securing and distribution of purse money. The KHRC rules and regulations cover purse money.
    The dispute needs to go through the court first.
    Once the amount is established and who owes who,
    the court order can be brought before the KHRC.
    If the guilty party doesn’t abide by the court order they can be suspended until the money is resolved.
    Also, it would appear Maria Borell doesn’t have a copy of her agreement with the owners James and Linda McIngvale as it vaguely she was hired about April 2015.
    We know she is deserving of her 10% BC win but there is no rule or regulation anywhere unless she has a written contract.
    Private trainers usually have a different financial arrangement with their owners than public trainers.
    I think she should have gone to the HBPA for legal assistance.
    Hence, she would have more knowledgeable backing to support her situation.

    • Wild Oats

      One of Getty’s specialties is equine litigation…I would guess that he knows a lot more than you think he does.

      • trooper seven

        One of Getty’s big clients in the past was Jess Jackson, they were friends, and I believe Getty also raced horses. I’m definite about the first two statements and pretty sure about the third. He knows racing.

    • trooper seven

      You said, “However, based on what I’ve seen in the media neither
      Maria Borell nor her Lexington attorneys Richard Getty, Danielle Brown and Matthew English are conversant on the rules and regulations of racing.”
      I repeat. Her attorney Getty represented Stonestreet Stables for years and was a personal friend of Jess Jackson…I believe Getty has owned a stable himself in the past. He’s conversant with the rules of racing and racing as a business, certainly.

  • SPA

    Wait a minute, owners stiffing trainers and trainers stiffing owners?? I’ve never seen that in horse racing, this must be a first!!!

  • Fast Filly

    Contract/// Key to the case..Signed and agreed to. An owner may have a statement in the bookeepers files that says to hold an amount of the purse payoff and it goes to they trainer or whoever. Any special compinsation should be put into writing and noterized..Contract. What they, the owners did was not right, but as a trainer, the need for contracts are a must.

    • trooper seven

      Her lawyer was Jess Jackson’s lawyer and his close friend. I suspect he knows something about contracts, both verbal and non verbal. Does McIngvales do his mattress business without a signed contract? Wonder why he didn’t have one with Borrell?

      • Bosco

        Oh my…Good info. Thanks for that. Id say shes in pretty good hands…

      • Bosco

        I asked “jayjay” that very question. Why no standard contract?

      • Anne Shaw

        I expect that Borells lawyer definitely expects to win this. Why else would he take a case knowing of her inability to compensate him for his work?

        • trooper seven

          He might have done it because he felt it was the right thing to do. He might have done it because a third party is paying him. He might have done it because to let it slip by would hurt racing…. lots of possible reasons, though they might be far from what others might have done.

          • Anne Shaw

            I’m on Maria’s side for sure. I would like to see her disassociate herself from GoFundMe though. Mostly to rid the side talk so the case can get down to “Why would it ever be legal to stiff a person that did so much for your horse?” I was at the BC and have my program in front of me now. She is listed as the trainer so officially she was and deserves typical compensation as trainer of record. I am not sure but I question the legality of listing a horse, an owner, or trainer under a name which is not correct.

  • MNJustin

    This story started out like some kind of Disney fairytale but looks like it’s going to end like an E! True Hollywood Story.

    Cue the dramatic music. Unknown trainer gets the horse of a lifetime and rises to the pinnacle of the sport, then two weeks later she’s panhandling on the internet with a go fund me account. Will she rise again to defeat the villain owner and overcome the odds in a male dominated sport or sink lower into the abyss? Stay tuned!

    • Pimlico_Bred

      Think back to where it all stared and which network originally aired the fairytale story. If this goes to trial, will they receive a subpoena?

    • Bosco

      Just like a few have said – its like the makings of a perfect Disney horse movie.

  • Matt Perry

    Should of paid her and let her be on her way. I do have a legal question can she put a lien on the horse until it is resolved ?

    • sufferingsuccatash

      Yes she can.

      • Pimlico_Bred

        I wonder if that’s in the works?

        • sufferingsuccatash

          It could certainly provide leverage to a settlement of some sort.

    • johnnyknj

      To perfect and enforce the lien she would have to prove what she alleges in the complaint – so a lien would be meaningless.

  • Jack Ruzicho

    After RunHappy’s Breeders Cup win, to withhold the trainer’s 10% fee is unconscionable. I know Richard Getty– he will do his job.

  • SPA

    Wow, owners chiseling trainers and trainers chiseling owners, I’ve never seen that before in horse racing!!! This stuff happens every day at every racetrack in the country.

  • Wild Oats

    None of that has anything to do with this case…and Kara has plenty of dirty laundry of her own.

    • kmbrl2496

      Exactly!

  • Memories of Puchi

    With an understanding? Not a written contract? Ooops!

    Mcingvale is a notoriously individualistic owner; Borell has left debts all over town. Neither side is a “nice” option, but for someone who professes to want to keep this out of the public eye, Borell’s Tweeting and Go Fund Me sites are indiscreet (not to mention tacky).

    • gate2wire

      Well said…

  • Frank Speaking

    I understand both sides here but if you are a trainer entitled to “Industry Standard” then you are training for a day rate. If you are getting a salary and all expenses are paid by the owner, then you are a salaried employee and not entitled to “Industry Standard”. A salary is exactly what it is, a salary. I know this will not be a popular opinion because pretty much the entire industry hates MacInvale, but if she drew a salary she was paid for her work.

    • Pimlico_Bred

      Maybe. Do you know if she was a 1099? I’d guess she was. If true, she would have be an independent.

    • Bosco

      And that is the question isnt it? The entire crux of the whole thing.

    • Anne Shaw

      If it was a salary they better have withheld the proper taxes.

  • Jim Fields

    You can’t get much lower than the mac bunch. Anybody, I mean ANYBODY, would be celebrating this win for months, and Ms Borell is certainly a huge part in the success of this horse, to date. The lowlife mac bunch have to be so classless, to fire her the day after, that they should join Killary Klinton’s team. Ms Borell shined a positive light on horse racing and the mac jerks immediately made racing look bad. Some day, some where justice will come thru.

    • f^2

      This comment preaches to the choir and only uses the caps lock button once. I find the attempted political connection unnecessary and incorrect. A quick search of James McIngvale’s political contributions show $5400 to Ted Cruz in March 2015 and many other contributions to Texas Republicans.

      The mattress guy is a jerk and I don’t like Hillary Clinton either. Can we try to separate the worlds of horse racing and politics?

  • trooper seven

    Here is a curiousity as reported in today’s Thoroughbred Daily News:

    “…(Note: A copy of the lawsuit is here. One curiosity is that

    Equibase lists Borell as the trainer of record from July 7 onward,

    but the tally of purse money allegedly due to her only includes

    four of Runhappy’s wins, from July 31 forward. It also

    acknowledges McIngvale made a partial payment of $10,000 to

    cover winnings related to the GI King’s Bishop S.)…”

    I think the only defense McIngvale is going to have is to fight a delaying action–to out-money Borrell. In this case…I’m not sure that will work. We don’t know who all is supporting Borrell.

    • Pimlico_Bred

      Unless Mattress Mac settles prior to a trial, this episode will take at least a year.

      • trooper seven

        I sure wouldn’t argue that. Since Getty is no fly by nighter, I’m sure he’s prepared for that…and longer.

        • MNJustin

          I’m sure he is which means he will likely be the only party who will get paid if Maria wins the case (which I highly doubt she will). She’ll probably see more from her cyber panhandling than she will ever see from Mac.

          • trooper seven

            Cyber panhandling? First, she didn’t start that go fund me. A friend did. Since Borrell will have to live on something while McIngvale uses his tremendous resources to try to beat her into the ground, the account is perfectly appropriate.
            As for your doubts, they are yours, and a matter of opinion.

          • MNJustin

            Just as the go fund me account being appropriate is your opinion. I disagree. She’s perfectly capable of making a living and shouldn’t be dependant on cyber panhandling to “get back on my feet” as she stated in her tweet promoting the account. If she had built any rapport with her fellow horsemen she should have no trouble finding work…if she wants it.

          • trooper seven

            You are free to disagree. Wrong, but free. LOL

          • MNJustin

            Let’s see, should I give money to Maria or these kids?
            https://www.gofundme.com/wreckonhalloween

          • kmbrl2496

            Give money to who you want, your choice. Maybe you shld get over it & focus on the fact that she deserves to get paid. That’s what the story is about.

          • MNJustin

            I don’t disagree that she is owed something from Mac but asking for handouts on go fund me is in my opinion tacky. Go to work and earn your money Maria.

          • trooper seven

            Well if you think she deserves to get paid, you should say so without throwing in the extraneous stuff. If you think that gofundme is tacky, go there and say it. This is to discuss the lawsuit Maria has filed because Mattress Mac is stiffing her.

          • MNJustin

            Last I checked, you don’t make the rules on what can be discussed here. When I say she is deserves to get paid I’m not saying she should win the lawsuit or get everything she is asking for. I think you or she should get the $10k bonus that the Macs admitted they give their private trainers for winning graded stakes. The 10% of purses, breeding rights, and claim % is ridiculous.

          • Jen

            Cyber panhandling OMG SOOO HILARIOUS !! That’s about sums it up !!

  • Pimlico_Bred

    But she Already file suit under Colby Fields LLC. Hearing set for 11/17

  • Pimlico_Bred

    Who was the recipient of the Longines watch?

    • Anne Shaw

      Don’t know. Someone with knowledge should answer.

  • kcbca1

    The smart thing to do regardless of what was “understood” is to make an offer, pay her off, and be done with it. But I’m sure as it always does ego will prevent that from happening. And McIngvale’s past history kinda shows he does not do the smart thing. Just goes to show you power, money, and ego equals stupidity. He will end up spending twice as much on attorney fees and court costs. Why? Because he can.

  • kmbrl2496

    Do your research on Kara Harrison/Tucker before you speak on Maria’s situation.

  • Wendy

    Let the games begin.

  • HorseCounty1

    Imagine the feeling of wanting to hang the most important winners circle picture of your career as an owner, only to continually have to look at the person that sued you and drug you through a media scandal. Pretty awesome.

  • Wild Oats

    Am I the only one who thinks it is ridiculous how many comments have been deleted from this discussion?

    • trooper seven

      I am aware of some of mine which have been deleted. I think some flagging has taken place, but some of mine were more personal than objective. I don’t have any quarrel with those being deleted. Just a reminder to me to stay objective and back what I say with actual facts or a citation.

      • Wild Oats

        What did I say that was at all objectionable? Seriously?

        • trooper seven

          Hey, I can barely keep track of my own comments! LOL

  • Chancey Gardner

    Back to the horse, I know he is very fast, but with that pedigree, he should be able to stretch out a little. Hopefully, Mattress Mac will sell him reasonably to someone who can still hire the best in the industry. It would be such a shame to let Laura Wohlers destroy this horse again.

    • Larry Ensor

      Why is everyone so fast to “discount” Laura Wohlers’ training abilities? “Destroy” from what I understand the horse came up with a minor stress fracture. Happens all the time even with horses in the “best” hands. She/they picked up on it BEFORE it became a career ender. And that’s not always the case with horses in the “best” of hands. Just saying.

      • trooper seven

        I suspect the manner in which the horse raced the first two times contributes to the feeling that Wohlers training abilities are lacking..

      • And this was one that does get missed – it was the tibia wasn’t it?

        • Pimlico_Bred

          Yes, and they raced Runhappy with it. They knew it prior to the race per Bruno De Julio who was clocking the race.

  • Jamie

    As a trainer of over thirty years who raced in every state on the east coast she has no case. Agreements between owners and trainers are individual.If she has no contract or anything else in writing (text or email) she has no case.

    • trooper seven

      Yes yes yes well, the attorneys will get that settled. Her attorney seems to think she has one.

      • johnnyknj

        Sure, attorneys only work for clients they think have “a case”. On what planet?

        • trooper seven

          The lawyers at least know that it is possible to sue even if no written contract exists. What is your basis for believing there is no written case?

          • MNJustin

            It is possible to sue for whatever you want. There are thousands if frivolous lawsuits filed every year.

          • Larry Ensor

            That’s why IMO and experience we should move to the “English system”. Loser pays ALL of the expenses for both sides.

          • MNJustin

            If we go that way, Maria better step up her game on the cyber panhandling as she’s going to need a lot more than the $2400 she has earned so far.

          • Larry Ensor

            Richard Getty is a top notch equine law guy. IMO one of the best in the country. I doubt he took this case “pro-bono” or on a contingency bases. I would be surprised if $2400 would cover his retainer.

          • Really?

            My guess is this is at least a $30,000 case for Getty.

          • Pimlico_Bred

            Pro Bono. I read that yesterday. I can’t remember where at the moment and don’t know if it’s factual

  • nucky thompson

    I have owned racehorses for many years. Currently have several in training with three different trainers across the country. I do not have a contract with any of these trainers. However I did have a verbal agreement with the trainers before I sent them my horses. They invoice me each month and I pay them the agreed rate and purse commission that theycharge me. If I was in dispute then I wouldn’t pay. Simply put Borelll has never invoiced McIngvale as she was on a salary. If she was due a commission then surely she would have started billing McIngvale in July when Runhappy first won under her name as trainer. Case closed.

    • trooper seven

      I don’t know why so many people think the case should be closed because they themselves do things a certain way. The case is not closed until the lawyers agree or until a jury gives a verdict. :-)

      • nucky thompson

        Seems to me that you are the bizarro world Jay Jay . How many posts have you made on this topic : 500. No need to reply thanks.

        • trooper seven

          Jay Jay? *snicker* It appears you must be counting posts rather than reading them.
          Anyway, consider. The case is now between the lawyers, and something tells me Jess Johnson’s former lawyer is not going to contact you to find out how you run your operation so he will be better informed…lol…

      • MNJustin

        Your case, sorry Maria’s case is based on the idea that she is owed an industry standard and what people in the industry are saying is her depiction of said industry standard is inaccurate.

        • trooper seven

          No, that’s not what they’re saying. You need to read a lot of these posts to find out what they’re saying, rather than immediately spreading Mac’s talking points out indiscriminately. If you took time to read, it might help you refine those talking points.

          • Lost In The Fog – Robert Lee

            The measure of “what they are saying” will not be found in the posts on this or any other forum but only in reading the text of the actual lawsuit that was filed. It would be helpful if The Paulick Report or some other media outlet posted the text of the actual lawsuit. I assume that it is public record? I’d sure like to read it.

          • trooper seven

            Several publications….BH, Paulick Report….have published excerpts. The suit will be filed in court on Friday. I don’t know the counties in Kentucky…is there a Fayette County? That’s what I remember.

          • Pimlico_Bred

            Yes. The case was filed in Fayette County

          • trooper seven

            Thanks…I’m mistaken about the filing though. I think it’s only the part which names Keenland and BC which will be entertained on Friday…

          • Pimlico_Bred

            I downloaded the actual complaint. It’s on blood-horse

          • Lost In The Fog – Robert Lee

            I’m hoping to see the full complaint rather than just media-selected or attorney-selected excerpts.

          • trooper seven
          • Lost In The Fog – Robert Lee

            Thanks.

          • Pimlico_Bred

            Thanks, I didn’t think links could be posted.

          • Pimlico_Bred

            It’s out

          • Lost In The Fog – Robert Lee

            Where? Please advise. Thanks in advance.

          • Pimlico_Bred

            You’ll have to go the blood-horse Web site. 11/11/15 @ 2:53 pm. Click on the highlighted “According to the lawsuit”

          • MNJustin

            Actually they are and my experience supports what they are saying.

            I have never had a trainer attempt to charge 10% when a horse gets claimed. This concept is completely illogical as a trainer could be rewarded for getting a horse claimed that the owner didn’t want to get claimed. That makes zero sense and it’s plain and simple not the industry standard.

            I haven’t won a grade 1 yet so I can’t personally comment on the breeding rights, from my own experience. However, I have talked to trainers that have told me this is more of a goodwill offering or bonus rather than an industry standard.

            10% if winning purses is an industry standard for public trainers charging a day rate not for private employees drawing a salary.

          • trooper seven

            Borrell is supposed to have an excellent lawyer. I’ll let him and–Monica Orlando–? argue about what the industry standard is.
            But I suspect a man who was both the friend of, and a lawyer for, Jess Johnson has some knowledge of industry standards in racing.

    • Pimlico_Bred

      Just because you have a certain type of arrangement with your trainers, we don’t know what the arrangement was between the parties involved in this particular case. Furthermore, your quote “Simply put Borelll has never invoiced McIngvale as she was on a salary.” is speculation. This case is far from closed.

    • The view from Planet Earth

  • Daconsul

    The thoroughbred racing industry has been struggling g to stay afloat for quite a few years now.competition from casinos and other forms of gambling have taken t heir toll on the industry and I predict that this case is going to undo some, if not all of the positive effect garnered from American Pharaoh’s triple crown win.
    Treating a young female in this manner can do nothing but bring negative results to a male dominated position. Within the industry. I hope that the powers that be within the industry exert their influence to help get this resolved quickly and ensure this young lady gets the money that is due her. Shame on the Mcinvale’s for treating her so shoddily.

    • Really?

      I disagree. I think the way this young female has behaved is going to set back other hard working knowledgable women in the industry. I guarantee what she is asking for was not agreed to. Stallion shares? No way. 10% of claim? No way. So what is she doing? Trying to go back in hindsight and rake the guy over the coals because she is throwing a tantrum over being fired? How is that going to effect other women?

      • trooper seven

        LOL! I’ve read several posts from other women who say that racing is a very hard business for a woman. They’re cheering her on.

        • Pimlico_Bred

          Equal rights. Today’s world. It would be interesting to find out who’s in court tomorrow.

          • MNJustin

            Maybe Trooper Seven can tell us.

          • trooper seven

            Maybe not. I’m hardly The Great Karnack.

            BTW, check the difference between “affect” and “effect.”

          • MNJustin

            What’s your point?

  • Thinker

    Sounds like someone in the McIngvale camp is a little insecure and intimated by Borell’s success. Mud slinging in the public media shows very little class on the owners part and the race results speak for themselves. Could be about $ aye?

  • Barry Berkelhammer

    Since when is it industry standard to get a breeding right for each grade 1 win. That’s never been heard of and is not an industry standard. One breeding right as a token of appreciation is the norm but is not always done. Also the 1000. Per week is not an industry standard that is an employee and as such would be subject to a different arraignment than normal. Most trainers aren’t on a salary. You can’t play both sides of the fence. Good luck on this one but sounds like a loser to me.

    • trooper seven

      The actual quotes on those breeding rights seem to be in question. Evidently different magazines are saying different things. Best just to wait until what is actually being asked is determined. Although one can ask for anything. Then it’s settled in court.

    • Bosco

      They’ve been playing both sides of the fence the entire time…im very interested in how they’re going to approach this.

    • Bosco

      It may not be industry standard but its not that uncommon. But both sides are so wishy washy as to their actual agreement…this whole thing may take a while.

    • Roland B.

      They certainly do not give breeding rights to trainers who lost a horse to someone else before the horse’s retirement. Guess who was granted free seasons to Quality Road, Jimmy Jerkens or Todd Pletcher?

    • Larry Ensor

      Thanks, its nice to see there are a few people who know what they are talking about based on real life, hands on experience around here.

      From what I have read Ms. Borell was being paid $1,000 a week, $52,000 a year. Plus all of her operating expenses. No worries about feed bills, hay and straw bills, payroll and taxes. insurance etc. All of which are billed to a trainer. Most trainers don’t have “quality” paying clients. “Slow pay” is and has been the nature of the game.

      The majority of trainer only make “real money” when horses win. The rest of their “income” is “beer money”.

      Equibase lists 5,811 trainers and their stats. For a trainer to be “paid” $52,000 their horses have to earn via a win,place show around $520,000.

      Considering only 400+ out of those 5,000+ trainers according to Equibase have won over $500,000 so far this year. It’s not easy to “make” $52,000. So IMO it is a pretty “safe play” to be a “salaried” private trainer. Not worrying about the feed company cutting you off is a very nice bonus also.

      I have never had a trainer expect a “10% commission” when a horse of mine gets claimed. Don’t know any other owners who have that arrangement. That’s not saying it is not unheard of.

      I maybe wrong but most owners would rather their horse was not claimed. I would bet the Lewis’ were glad Charismatic didn’t get claimed when he last ran for a tag 5 starts before winning the Derby.

      • MNJustin

        Great points!

    • Pimlico_Bred

      Barry,

      If you were paid via 1099, you wouldn’t be an employee. Your quote “Also the 1000. Per week is not an industry standard that is an employee and as such would be subject to a different arraignment than normal.”.

  • james nicholson

    This whole story is ridiculous. Of course the trainer should be paid her 10% and two breeding rights. If the owner did not like the care that Ms Borell was giving to Runhappy then you would think he would have fired her long before the BC.

    Can anyone name another sport that would win the pinnacle of its sport then fire the people who got them there the NEXT DAY!

    Seems like in todays society if you have enough money (Trump,Kartrashian,etc) you can say or do the stupidest things with no consequences.

    I feel bad for this exceptional race horse in the hands of these people.

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