The connections of White Abarrio, one of the top older horses in the country last year, have filed a lawsuit against the Breeders’ Cup, the California Horse Racing Board, and Del Mar Thoroughbred Club alleging that the scratch of the horse prior to the Breeders’ Cup Dirt Mile last year violated California regulations and written protocols. The lawsuit, filed in the Superior Court of the State of California in the County of Los Angeles on Tuesday, alleges that the scratch of White Abarrio deprived his owner, Gary Barber and C2 Racing Stables, of the opportunity to win the Breeders’ Cup Dirt Mile, which had a $1 million purse, along with “related economic benefits,” such as an increase in stallion value. A Breeders’ Cup spokesperson said on Tuesday night that the organization “does not comment on threatened or pending litigation.” Scott Chaney, the executive director of the CHRB, also said that the board does not comment on lawsuits. Josh Rubinstein, the president of Del Mar, said on Tuesday night that the track would not comment on the suit as a matter of “policy.” “We look forward to presenting our defense to any allegations made against us in court at the appropriate time,” Rubinstein said. :: Access the most trusted data and information in horse racing! DRF Past Performances and Picks are available now. The lawsuit is seeking restitution of “all money or other economic activity” in connection with the race, plus compensatory damages for “all injuries suffered as a result of defendants’ wrongdoing, currently believed to be in excess of $10 million." In addition, the suit is seeking punitive damages. The lawsuit alleges that White Abarrio was “inspected, tested, and scanned” for seven straight days prior to the Nov. 1 Dirt Mile, and that the horse was declared “racing sound” after each of those daily inspections. However, the lawsuit alleges that veterinarians scratched the horse after watching White Abarrio warm up prior to the Dirt Mile “on the basis of nothing more than a cursory visual inspection.” The lawsuit goes to great lengths to discuss a “gait” abnormality exhibited by White Abarrio throughout his career, and it alleges that veterinarians scratched the horse due to that abnormality. “Over the past five years, regulatory veterinarians at racetracks across the country have noted his gait in almost every pre-race inspection,” the lawsuit states. “Nonetheless, he has never been scratched from a race – and with good reason.” The suit goes on to say that the Breeders’ Cup veterinary team was well aware of the gait abnormality prior to the scratch. The suit also makes the novel case that the inspection process “imposes duties” on the veterinary team and regulators. “It means that they have to abide by the informed and fact-based decisions of the veterinary professionals in their employ who had put White Abarrio through that intensive process and who had concluded, including on the morning of the race, that the horse was ‘racing sound,’ ” the lawsuit says. The day after the Nov. 1 Breeders’ Cup card, California racing officials said the track followed normal scratch protocols. According to the officials, the on-track vet, Dr. Brent Cassady, called the stewards after observing White Abarrio warm up and recommended that the horse be scratched. The stewards, as they virtually always do, followed the recommendation and scratched White Abarrio. “The horse was scratched with our regular routine,” said Kim Sawyer, one of three presiding stewards at Del Mar, on Nov. 2. The Breeders’ Cup and most major racetracks have begun exercising an abundance of caution with horses on major race days due to several high-profile fatalities. In 2019, the death of Mongolian Groom in deep stretch of the Breeders’ Cup Classic led the Breeders’ Cup to bolster its veterinary teams and conduct more frequent inspections of horses.   Nearly three months after the scratch, White Abarrio returned to the races on Jan. 24 in the Pegasus World Cup at Gulfstream Park, finishing second to Skippylongstocking as the third betting choice. In his career, he has won 10 races from 25 starts, including the 2023 Breeders’ Cup Classic, and earned $7.7 million in purses. :: Want to learn more about handicapping and wagering? Check out DRF's Handicapping 101 and Wagering 101 pages.