Aric Almirola felt he had no choice but to file his lawsuit against Earnhardt Ganassi Racing and Dale Earnhardt Inc. for breach of contract.  He is also alleging deceptive trade practices after being released from his ride during the merger process of DEI and Ganassi Racing.

Almirola filed the lawsuit in North Carolina Superior Court this past Thursday.  Almirola had filed notices previously against EGR and DEI, as well as Chip Ganassi Racing and EGR co-owner Teresa Earnhardt, however, he dismissed the claim against the latter parties.

Both Earnhardt Ganassi Racing and Dale Earnhardt, Inc. were named in the filing as they were allegedly party to Almirola's loss of his ride when DEI merged its Cup operation with Chip Ganassi Racing at the end of the 2008 season to form Earnhardt Ganassi Racing.  Almirola had a contract with DEI, which he is alleging was breached during the merger process.

The paperwork that Almirola filed this past week usually is the start of a civil action.  In this filing, Almirola also requested that the court refer the matter to arbitration.

"We're disappointed at the situation with Aric but are hopeful that we will come to an agreement soon," EGR spokesman John Olguin said.

Losing his ride has been disappointing for the driver of Cuban descent whose big break in racing came in 2003 as part of the Joe Gibbs Racing/Reggie White Driver Diversity Program.  From 2004 to 2005, the young driver raced late models for the team at Ace Speedway in North Carolina, winning two races and securing six top-five finishes.

Almirola then went on to the Truck Series, continuing his association with Joe Gibbs Racing in 2006.  That same year, he made his debut in the Nationwide Series and in nine events, scored his highest finish at Dover International Speedway in 11th place.

In 2007, Almirola competed in the Nationwide series for Joe Gibbs Racing and in the Cup series for Dale Earnhardt, Inc.  While he ran just six Cup events, he had a great year in the Nationwide series, with one top-five, five top-ten finishes, and three poles.

This success propelled Almirola to move to DEI for the 2008 season, sharing his ride in the no. 8 car with Cup veteran Mark Martin.  But in 2009, with the merger of DEI and EGR, the bottom fell out for Almirola and he lost his full-time ride due to sponsorship troubles.

"I don't regret anything I've ever done with my career," Almirola said.  "This is just a bump in the road.  Hopefully one day I'll be able to look back on this and say, 'Man, that was rough times, I'm glad that's over with.'

Almirola is looking forward to competing in the Camping World Truck Series this weekend at Phoenix International Raceway.  He will be driving the no. 15 Graceway Pharmaceuticals/AKAwareness.com Billy Ballew Motorsports race truck in the Lucas Oil 150 on Friday.

Almirola has one previous Truck start at PIR.  He also has one Cup and two Nationwide starts at that track.

"Phoenix is an awesome track," Almirola said.  "It's so unique compared to other tracks we visit.  Phoenix is really a driver's track."

Almirola is no doubt pleased that he is on the track and getting the valuable seat time that he needs to continue to advance his career.    He also feels quite confident that luck will go his way and he will be able to find sponsorship to continue his move up the NASCAR career ladder for the 2010 season.

Almirola acknowledges that he is willing to work with anyone interested in supporting him on the track.  "I want an opportunity to work with one sponsor long enough to be branded," Almirola said.  "When they think of a particular sponsor, I want them to think of Aric Almirola."

As he continues his search for sponsorship and a full-time ride, however, Almirola will continue to plead his case against EGR and DEI through the court process.