Rosecroft owners file suit over deposit Track claims Brink's responsible for $104,134


The owners of Rosecroft Raceway in Prince George's County are suing Brink's Inc., alleging that $104,134 the armored car company picked up last year from the harness track never made it to the bank.

The lawsuit, which was originally filed in Prince George's County Circuit Court, was moved Monday to U.S. District Court in Baltimore. Cloverleaf Enterprises Inc., which owns Rosecroft Raceway, is alleging breach of contract and gross negligence and is seeking compensation for the missing money, as well as $500,000 in punitive damages.

According to the lawsuit, a Brink's armored car picked up the $104,134.58 from Rosecroft on Aug. 26. The racing card that day included the $133,448 Wayne Smullin Memorial Pace Final, a rich stakes race for 2-year-olds.

The deposit was destined for a bank in Baltimore, but it apparently never arrived. When Cloverleaf officials learned that the deposit had not been made at the bank, they notified Brink's, the lawsuit said.

According to the lawsuit, the missing money still has not been accounted for.

Brink's officials told Cloverleaf twice, Jan. 23 and Jan 24, that it was responsible for the missing money and would compensate the track owners for their loss, the lawsuit said.

But Jan. 30, Brink's told Cloverleaf that it would not offer compensation.

James W. Constable, a Baltimore attorney representing Darien, Conn.-based Brink's, filed an answer to Cloverleaf's complaint rebutting all allegations and denying liability for the missing money. Constable refused to comment further.

Officials from Cloverleaf and their attorneys could not be reached last night.

Pub Date: 8/14/96

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