A West Virginia racetrack has settled a lawsuit by a jockey who was paralyzed from the chest down during a racing accident in 2004.

Gary Birzer sued MTR Gaming Group and its Mountaineer Casino, Racetrack & Resort claiming they failed to repair soft spots and holes in the racing surface and allowed an unhealthy horse to run.

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

Birzer and his wife, Amy, sued for more than $12 million in damages, including medical expenses and lost wages. In a filing with federal regulators Oct. 6, MTR Gaming said it settled Aug. 29 with its insurer paying an unspecified amount.

Birzer's Michigan attorney, Dane Lupo, declined to comment on the case.
 

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