Trial May Set Precedent For Cases Against Trainers
Story By Chris Scholtz
Wednesday, 16 August 2006: In California owner Alan Klein's Ellenay Racing Inc. is suing trainer Michael Machowsky for loss of earnings after a positive drug test from his horse Dyna Da Wyna led to the filly being disqualified as the winner of a race at Santa Anita in 2003.
Dyna Da Wyna tested positive for the antihistamine Hydroxyzine and its metabolite, Cetirizine and was stripped of her maiden victory worth $US28,800 to the winner.
Machowsky was suspended for seven days and fined $US2500 for the offence.
The Thoroughbred Times reports that Klein filed a lawsuit against Machowsky in Los Angeles Superior Court in January after the California Horse Racing Board took three years to adjudicate on his claim for the prizemoney.
"I don't think I should be responsible," Klein said.
Klein, a Los Angeles attorney, maintains he did not tell Machowsky what medications to give his filly.
Klein says his legal action is "strictly a business decision."
Klein sold Dyna Da Wyna shortly after her disqualification and she went on to win eight races and more than $US360,000 prizemoney.
No trial date has been set
|
