Jeremy Mayfield-NASCAR case likely to continue into 2011
Jeremy Mayfield was suspended May 9 for a test that NASCAR says was positive for methamphetamines, // Jim Fluharty, NASCAR Illustrated
Jeremy Mayfield’s quest to make NASCAR pay for what he says was a drug test that was a false positive for methamphetamines likely will stretch well into 2011.
Mayfield, whose claims against NASCAR were dismissed by a U.S. District Court judge in May, must first defend himself against a countersuit by NASCAR before appealing the decision to throw out his claims.
NASCAR claims that Mayfield breached his contract with NASCAR for competing while in violation of its substance abuse policy.
According to a revised schedule filed Wednesday in U.S. District Court in Charlotte, motions for summary judgment must be filed by Feb. 4, 2011. Those would have to be ruled on before any trial begins, meaning that it likely will be next spring, at the earliest, before that portion of the case could go to trial.
Once a decision on NASCAR’s counterclaim is made by either the judge or a jury, the appeals process likely would proceed throughout 2011.
While Mayfield’s battle with NASCAR will take him into next year, he might have rulings on some North Carolina lawsuits between him and his estranged stepmother by the end of the year.
Mayfield’s stepmother, Lisa, signed an affidavit for NASCAR saying she witnessed Mayfield using methamphetamines.
Mayfield is suing Lisa in North Carolina Superior Court for the wrongful death of his father. His father’s death was ruled a suicide by the police and medical examiner, but Jeremy claims that his death in September 2007 was “a direct and proximate result of the defendant’s intentional acts.” That trial is scheduled for the week of Sept. 20 in Salisbury, N.C.
Lisa has, in turn, sued Mayfield for slander in state court. That trial is scheduled for the week of Nov. 1 in Statesville, N.C.
Before going through both of those trials, Jeremy Mayfield will meet with NASCAR on Sept. 8 in mediation to try to settle NASCAR’s breach-of-contract claim against him.
Whether Mayfield could pay any claims is questionable. He has judgments of $874,000 against him and Mayfield Motorsports for unpaid bills and taxes.
Mayfield, who was indefinitely suspended from NASCAR on May 9, 2009, had sued NASCAR for breach of contract, discrimination and defamation in an attempt to return to racing and for financial damages. He won an injunction to participate in NASCAR in July 2009 but never returned to competition.
The injunction was later stayed, pending appeal, and Mayfield – the only driver suspended since NASCAR implemented random drug testing in 2009 – eventually asked for the court to drop the injunction so the case could proceed more quickly toward trial. The judge then surprisingly dismissed Mayfield’s claims in May.
The 41-year-old Mayfield, who has 433 career starts with five Cup victories and two Chase appearances, qualified for five of the first 11 races of the 2009 season before being suspended. He has denied using methamphetamines and contends that the drug-test findings that prompted his suspension resulted from a combination of prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and over-the-counter Claritin-D allergy medicine. He also argued that NASCAR must follow guidelines that regulate federal agencies.
NASCAR denied that Aegis Sciences Corp., which conducts the NASCAR drug-testing program, must follow those regulations, and U.S. District Court Judge Graham Mullen agreed in his ruling in May.
