West Plans Lawsuit: War Of Will ‘Actually Caused The Infraction, Not Our Horse’

by | 05.07.2019 | 2:44pm
Horses rounding the turn in the Kentucky Derby, in which Maximum Security (pink silks) was disqualified

A frame-by-frame video of the Kentucky Derby is expected to be used as “evidence” for owner/breeder Gary West to challenge the stewards' disqualification of his colt, Maximum Security, in a court of law. According to foxnews.com, West plans to “file a lawsuit in the appropriate jurisdiction” after the Kentucky Horse Racing Commission denied his appeal on Monday.

On Thursday, West's racing manager Ben Glass has scheduled a meeting with the KHRC to watch the NBC video footage, reports Horse Racing Nation.

“We're saying that because that rider (Tyler Gaffalione aboard War of Will) didn't claim a foul, and we see the same thing that you see, that the other incidents are a moot issue for us, because it wasn't us,” Glass said. “That horse, War of Will, is on the rail and the next thing you know, he's off the rail behind us. We're looking at that very hard.”

“I think when it's all said and done and all the evidence is put on display, frame by frame in slow motion, you will find that the 1 horse [War of Will] actually caused the infraction, not our horse,” West added. “And … I believe it will eventually show that if the 1 horse would have finished ahead of our horse, we would have had every right in the world to claim an objection against the 1 horse.”

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