Patton & Ryan Successfully Defends Arlington Park and Churchill Downs from a $30 Million Verdict

May 8, 2016

After nearly six years of litigation, Patton & Ryan successfully obtained a defense verdict on behalf of Arlington Park and Churchill Downs in a catastrophic personal injury/product liability action brought by the Plaintiff, a professional jockey, who was injured when his horse fell during a race at Arlington Park. The Plaintiff, left paralyzed by the May 2009 accident, alleged that it was Arlington Park’s synthetic race track and maintenance of that track that caused his paralysis.  His wife also brought a loss of consortium claim against Arlington Park and Churchill Downs.

Throughout the trial, Plaintiffs and Defendants presented detailed scientific testimony to the jury. In its case in chief, the defense, led by partners John W. Patton, Jr. and Paul Motz, called a veterinarian, an MIT professor in materials engineering, a biomechanical expert, and individuals from Arlington Park’s management and maintenance departments. Also among the witnesses called by the Defendants, was the top international expert on track safety in Thoroughbred racing who unequivocally explained to the jury that Arlington Park’s track surface and maintenance are of the highest quality. Plaintiffs, represented by Power Rogers & Smith, P.C., called a total of seven witnesses in their case in chief.

At closing arguments, Plaintiffs requested that the jury award $30 million.  In response, Patton skillfully highlighted the opinions of the Defendants’ experts and made clear to the jury that the Plaintiffs had failed to meet their burden of proof. He then requested that the jury find Arlington Park and Churchill Downs not liable.

On May 6, 2016, following the grueling four week trial, the jury received the case. After only 80 minutes of deliberations, they returned a verdict for the defense, unanimously agreeing that the synthetic track did not contribute to or exacerbate the Plaintiff’s injuries.  This significant defense victory came just one day prior to the famed Kentucky Derby.

Patton & Ryan remains committed to defending high exposure cases to verdict in notorious jurisdictions around the country. Please feel free to contact us with any questions or comments regarding this victory.