Jeremy Mayfield lawsuit describes his version of drug test
NASCAR has suspended owner/driver Jeremy Mayfield indefinitely for violating its substance abuse policy. // LaDon George, NASCAR Scene
Jeremy Mayfield’s court complaint against NASCAR offers the suspended driver/owner's most detailed account to date of the events that led to his suspension earlier this month.
Mayfield filed the lawsuit Friday in North Carolina Superior Court in Charlotte. He failed in his attempt to get a temporary restraining order to have his indefinite suspension lifted but will have another hearing Wednesday on an injunction request to stop NASCAR from continuing to enforce the ban.
The lawsuit includes claims of defamation, breach of the North Carolina Persons with Disabilities Act, unfair and deceptive trade practices, breach of contract in regards to the driver-owner agreement with NASCAR and negligence in that the drug tests were not performed properly.
According to Mayfield, he was taking Adderrall-XR for attention deficit hyperactivity disorder, and on April 30, he took two Claritin-D doses to combat allergies, according to the complaint.
Mayfield says he took the NASCAR drug test May 1, in an unsecure, unsterilized area. He claims he did not see the labels he initialed affixed to the specimen bottles.
Mayfield called Dr. David Black, who administers NASCAR’s drug-testing program as chief executive officer of Aegis Laboratories, on May 3 to tell him about the Adderrall prescription and taking the Claritin-D. “Black expressed doubt that someone of Mayfield’s age and experience legitimately needed to take Adderrall,” the complaint states.
On May 7, Dr. Doug Aukerman with Penn State Orthopaedics and Rehabilitation informed Mayfield of the positive test and requested medical records. Mayfield provided the records, according to the complaint.
The next day, Mayfield was asked if he had taken inhalants, which Mayfield denied, but he also said he had been in a fiery wreck at Talladega and had inhaled a large amount of fumes.
The complaint alleges that Mayfield was intentionally misled in what could be done with his “B” sample, that he never authorized anyone to have it tested and that it was tested without his permission.
He eventually was suspended May 9.
The complaint cites several instances in which it says NASCAR failed to comply with the federal agency work-place drug testing program, although during Friday's hearing NASCAR’s attorney argued that the sanctioning body does not have to follow such guidelines.
In his claim of defamation, Mayfield states in the complaint that NASCAR Chairman Brian France and Dr. Black “intended to injure Mayfield by publicly disgracing and degrading him” and did so to make “him an example of NASCAR’s power to suspend a driver/team owner, based upon numerous violations of it’s [sic] flawed drug policy.”
The judge Friday issued a gag order that prohibits both sides from talking about the failed drug test.
Listed defendants in the case are NASCAR, France, Black, Aukerman and Aegis.
