West Virginia Racetrack Settles Lawsuit with Paralyzed Jockey

MTR Gaming Group Inc. has settled a 3-year-old lawsuit by a jockey who was paralyzed from the chest down in a West Virginia racing accident.

Gary Birzer sued MTR and Mountaineer Casino, Racetrack & Resort in Chester, arguing they failed to repair soft spots and holes, and allowed an unhealthy horse to run.

Birzer, who lives near Cincinnati, Ohio, was riding Lil Bit of Rouge in July 2004, when the thoroughbred went down. He was thrown headfirst into the dirt at 40 mph.

Birzer and wife Amy sued for more than $12 million in damages, including medical expenses and lost wages.

In a filing with federal regulators Tuesday, MTR said it settled Aug. 29, with its insurer paying an unspecified amount.

Birzer’s Michigan attorney, Dane Lupo, declined comment.

Latest Comments

• October 9, 2009 at 9:36 am

  robin says:

  Horse riding is an inherently dangerous activity, however, the jockeys don't have much say in the condition of the track. They are paid to race, period. If they decide not t... read more
• October 8, 2009 at 3:12 am

  Alice says:

  Another frivolous suit. Riding a horse is dangerous and this guy assumed the risk. Most jockeys walk the track before riding to detect problems.