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Lawsuit filed by PA horse owner claims Penn National injured her horse by tying its tail to starting gate before a race

Sir Steele, a 6-year-old gelding, panicked and injured himself in the gate as a result, eventually leading to euthanization, owner Erin Carpio claims in the suit.
Credit: FOX43

GRANTVILLE, Pa. — A Pennsylvania racehorse owner and trainer filed a lawsuit against Penn National Gaming and several employees at Penn National Race Course, claiming their negligence in an alleged tail-tying incident in the starting gate in 2023 led to an injury and later euthanization of one of her horses.

Erin Carpio, the owner and trainer of Sir Steele, said the six-year-old gelding was severely injured after his tail was wrapped around a portion of the starting gate at Penn National Race Course prior to a race on August 16, 2023. 

The lawsuit names Penn National director of racing Eric Johnston, head starter Lindy Riggs, assistant starter Freddy Diaz, and Penn National worker William Otero as defendants, according to court records.

The suit was filed on June 11 in the Dauphin County Court of Common Pleas.

According to the lawsuit, Carpio previously approached Riggs in June 2023 to ask that the gate crew stop tying Sir Steele's tail to the starting gate "due to the horse's sensitivity." The horse ran in three races without incident after their conversation.

But a few weeks later, the lawsuit claims, Sir Steele was racing in a maiden claiming race. As he and the other horses were being loaded into the starting gate, Sir Steele's jockey, Jordano Tunon, allegedly asked assistant starter Freddy Diaz not to tie the horse's tail to the starting gate "three separate times," the lawsuit states.

Diaz allegedly gave the command to tie Sir Steele's tail anyway, according to the lawsuit. Otero, a worker at the gate, allegedly complied, wrapping part of the horse's tail around a rail in the gate.

The lawsuit claims Sir Steele panicked and became trapped in the gate, eventually injuring himself.

According to a report from the Mid-Atlantic Equine Medical Center, which is entered as "Exhibit A" in the lawsuit, the veterinary report had "a strong suspicion" that the horse incurred fractures to the tail and other injuries to his head and leg. Those suspicions were later confirmed by imaging, the lawsuit says.

The report also noted Sir Steele had previously sustained a similar injury to his tail, the lawsuit says.

Between one and two days after the incident, Sir Steele began experiencing pain the grew progressively worse and eventually the horse became "unresponsive to sedation," the lawsuit claims.

The horse was euthanized on August 19, 2023, according to the lawsuit.

The suit claims Penn National violated several Pennsylvania laws and rules regarding racing, including mistreatment of a horse. The lawsuit seeks damages of $22,272.84, $10,000 fair market value for the loss of the horse, $5,038.84 in veterinary bills, and the balance in other expenses related to the lawsuit. 

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