WEST PALM BEACH, Fla. (CN) - A Florida appeals court allowed the wife of the jockey who rode Funny Cide to victory in the 2003 Kentucky Derby to sue the publisher of the Miami Herald over an article accusing her husband of carrying an illegal electronic device in his hand during the race.
Rita Santos has sued Knight-Ridder and The Miami Herald Publishing Co., claiming the false accusation of cheating spurred tension and fighting in her marriage to jockey Jose Santos.
Judge Polen ruled that, "regardless of how 'thin' the allegations of loss of consortium may have been," they are sufficient to survive summary judgment because there are disputed issues for a jury to decide. The court reversed and remanded. See ruling in Santos v. Knight-Ridder Inc.
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Pro Sports March 5, 2009