Owner files lawsuit against jockey, claiming his inaction cost horse first place at Churchill Downs

A lawsuit naming jockey Luan Machado as a defendant claims his inaction caused a Kentucky racehorse to finish second instead of winning an allowance race last November at Churchill Downs.

The suit was filed earlier this month in Louisville by the owner of Hold My Bourbon, Gray V Train Racing, and the four-year-old's breeder Westbrook Stables. Both entities are based in Versailles, in Kentucky.

In a story first reported by the Paulick Report, the complaint alleges: "Approaching the finish line, despite being in the lead by two and a half lengths with a furlong to go, Mr Machado negligently eased up on his mount without adequate cause, allowing another horse to overtake Hold My Bourbon by a neck and denying plaintiffs a rightful victory."

The document claims Machado admitted he was at fault.

Damages of $47,560 are sought by Gray V Train, the difference in prize-money for first and second place in the allowance race, which took place on November 28. Westbrook seeks $3,000 in Kentucky Thoroughbred incentive funds. The complaint also asks for attorney fees. Under Kentucky law, attorney fees are not ordinarily recoverable unless authorized by statute or contract.

The Jockeys' Guild weighed in on the lawsuit with disapproval, pledging to assist Machado's defence in court.

"The claims asserted against Mr Machado in the lawsuit are utterly baseless," the organisation said in a press release. "They are also dangerous. The Kentucky legislature has entrusted the stewards of the Kentucky Horse Racing and Gaming Corporation with responsibility for determining if there has been a violation of the racing rules. The stewards made such a determination here and imposed a fine and suspension on Mr Machado, which he paid and has served. 

"There is absolutely no basis for private parties to try to undermine the stewards’ statutorily entrusted decision by supplanting it with their own judgment as to what the appropriate penalty should be."

Kentucky stewards twice sanctioned Machado for failing to compete to the wire last year. An order issued on November 30 found fault with his ride on Hold My Bourbon, the subject of the lawsuit, and he was suspended four days and given a $1,000 fine.

A previous incident led to a fine and three-day suspension for Machado after he misjudged the Keeneland finish-line in a maiden claiming race on Ultimate Strike, who finished second, on October 16.

To win their case against Machado, plaintiffs must tie his alleged inaction to a legal theory actionable in court.

Gray V Train and Westbrook assert Machado breached a contractual duty "to perform his duties in accordance with professional racing standards and to use reasonable diligence in his efforts." Because there is no claim of an actual written or oral agreement between plaintiffs and Machado, the theory may be there is a contract implied by law.

Two theories of negligence are also pleaded: "professional negligence" in that Machado failed to "exercise his skills in a manner consistent with established professional standards," and negligence per se based on the stewards' finding against the jockey.

According to Equibase, Machado had his best year to date in 2024, with 155 wins from 1,015 rides and earnings of $10,129,018, ranked 22nd among all North American riders. He ranked 23rd in wins that year, up from 90th in 2023. Riding since 2018, Machado's mounts have earned $23.9 million.

A legal complaint states one side of the case. Machado has been served and has the right to respond with different approaches, including whether the complaint states a claim upon which relief can be granted; admission or denial of plaintiffs' allegations; and affirmative defences including whether it can be proven the horse's failure to win was caused by Machado.

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