by Jeff Lowe
The Los Angeles Turf Club Inc., the operator of Santa Anita Park, has filed a federal lawsuit against Cushion Track Footing seeking restitution for the troubled surface that led to the cancellation of 11 live dates in the 2007-’08 winter/spring meeting due to drainage issues.
Santa Anita is seeking $5.225-million to cover the original cost of 19,375 tons of the Cushion Track surface, which was installed in the summer of 2007; $1.369-million in repair costs after drainage problems arose; and $1.831-million for further repairs performed by the Australian-based synthetic surface manufacturer Pro-Ride after Cushion Track Footing allegedly was unwilling and/or unable to resolve defects in the surface.
The lawsuit also cites additional damages, in an amount that would be determined in a jury trial, from the loss of racing dates. Total handle declined 7% compared to the 2006-’07 meet.
Cushion Track representatives Philip Bond and Paul Harper also are named as defendants in the case.
Santa Anita issued a press release in early January in which Harper said he was hopeful of finding a remedy for the drainage problem.
“If we are unable to do that, we will install a new surface at the end of the meet,” said Harper, who was listed as Cushion Track’s technical director. “At Cushion Track Footings USA, we are committed to the success of the track at Santa Anita and we will do whatever is necessary to get the track working to the same high standards Cushion Track performs to at other tracks around the world.”
At the time, Harper said the main objective at Santa Anita was to produce a synthetic track with similar performance characteristics to the Cushion Track surface installed at Hollywood Park, with the added distinction of being able to withstand temperatures up to 110°F. Harper said the focus on the high temperatures was, in hindsight, a mistake, and almost certainly compromised the drainage ability.
Soon after releasing Harper’s statement, Santa Anita officials did not hear from Cushion Track Footing for about a month from early January to early February—a period that included heavy rainfall that exacerbated the drainage issues.
The track is considering going forward with the current surface that was heavily revamped by Pro-Ride founder Ian Pearse over four days in February. Santa Anita President Ron Charles said the reconstituted mixture has performed well over the last two months, other than some remaining drainage issues that Pearse looked into this week.
“The last eight weeks have been incredible, the last four weeks of racing and then four weeks where we still have 1,500 horses here [for training],” Charles said. “The ambulance has not been out one time. The horsemen were raving about the track. We had this unbelievable rain storm where some of the track got two inches, and some of the track got six or seven inches. We trained every day but some areas didn’t drain as well as they should have.”
Pearse has recommended that Santa Anita replace the asphalt base that was put in with the Cushion Track last summer. He also would like to continue revamping the surface with Pro-Ride’s blend of polymer and fibers over a few weeks this summer.
“That would get rid of all the remaining Cushion Track, and Ian said he would be absolutely sure that we wouldn’t have a problem with draining through the asphalt and it would be close to a 90% to 95% Pro-Ride surface, which he assures us would absolutely drain,” Charles said.
Charles said he would present Pearse’s recommendations to Frank Stronach, the chairman of Santa Anita’s parent company, Magna Entertainment Corp.
“I’m guessing that within two weeks I’ll take a recommendation to him and we’ll make a decision,” Charles said.
Jeff Lowe is a Thoroughbred Times staff writer