Wed Nov 11, 2009 1:24 pm EST
If you can't win on the track, maybe you can win in the courtroom. At least, that's the thinking of Aric Almirola, who's filed suit against Earnhardt Ganassi Racing in North Carolina Superior Court. The suit charges that Earnhardt Ganassi and Dale Earnhardt Inc. breached their contract -- the one that promised Almirola would run a full season -- apparently because Almirola only ended up running seven Sprint Cup races in 2009.
Almirola -- not to be confused with AJ Allmendinger or Alan Alda -- was supposed to be driving the No. 8 full-time this year after splitting it the previous two years with Mark Martin. But Dale Earnhardt Inc.'s merger with Chip Ganassi Racing, combined with a softened sponsorship economy, put the brakes on the No. 8 car after just seven unremarkable races. His only finish higher than 30th was a 21st-place finish in Atlanta in the spring.
The lawsuit does not specify details on the breach-of-contract claim, but instead asks the court to send the matter to arbitration.
The case echoes one involving Elliott Sadler earlier this year, in which Sadler threatened to sue Gillett Evernham Motorsports over getting bounced from his ride by Allmendinger. But once GEM merged with Richard Petty Motorsports, there was space available after all, and that suit mysteriously went away. That doesn't seem likely in this case.
Aric Almirola files claim against Earnhardt Ganassi Racing [Scene Daily]
From the Marbles is a NASCAR blog edited by Jay Busbee. Email him, and follow him on Twitter.

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24 Comments
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Even in the 7 races run by Almirola, was no better than a field filler. Can't see this lawsuit going anywhere, would set a bad precedent for teams.
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The thing is I think Teresa Earnhardt may be a lazy person that really doesn't know how to run a race team and had to lean on the legacy of her late husband to bring in the income as well as the sponsorship dollars from Martin Truex Jr. and the good name and sponsorship dollars of Dale Earnhardt Jr. Now that well is drying up, I expect that Earnhardt Ganassi will fold and that would be with no lawsuit. All they have is Elliott Sadler who won a few races the first half of this decade and, to sponsors, that is a big whoop-de-doo. I rather put my money on a part time ride for Michael Waltrip to run the first 10 races of 2010 including the Daytona 500 and try to convince him to run the full season. Heck, I would want to be Robby Gordon's sponsor for 2010 or for a second team in his stable if he has sponsorship dollars already lined up.
The truth is that if Dale Sr. didn't die, I am pretty sure that DEI would have been one of the top teams in NASCAR history.
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Did they pay out on his contract? If he got his salary for the year he is wasting his time, but if they didn't....and didn't even allow him the oppertunity to find another ride....Then go get em Aric, i don't blame you.
PS, haven't seen the kid get enough seat time to make the determination of whether he sucks or not.
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Rudy88, thanks for catching the mistake I made. It was a honest mistake that doesn't matter in a Busbee blog, but you are right about contract law. I did study the subject in college and you are right that wording is important, but this case will cause problems for Earnhardt Ganassi because of the wording. There is a 90% chance that said that Aric Almirola had the contract that said that he had a full ride for this season which is 36 races and his all-star weekend race.
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1 - 24 of 24