PARIS – A judge Tuesday threw out all but one charge against Camden National Bank and its official who are being sued by the former owner of Mt. Abram Ski Area.
On the seventh day of the jury trial in Oxford County Superior Court, both sides rested their cases. The defense called one witness and closed its arguments after two hours and eight minutes.
Peter J. DeTroy of Portland is representing defendants Camden National Bank and bank official Stephen C. Staples in a lawsuit brought by Steamship Navigation Corp. and its officers, Randy and Kathleen Dunican, formerly of Greenwood. The suit charging fraud, misrepresentation and breach of contract was brought after the bank foreclosed on the property in 2000.
Afterward, defense witness Brian Dunham of Greenwood testified about his tasks as operations manager at the Greenwood ski area. Dunham was hired in September 1999 by Dunican, who purchased Mt. Abram and accompanying land at a foreclosure auction in 1998, using a $650,000 loan from the Camden bank.
“I’m not sure what the defense strategy was, but if their strategy was only to put on the stand a guy who worked at the ski slopes, then I’m surprised,” said Daniel Lilley of Portland, who represents the Dunicans.
DeTroy said his case was short because “most of our evidence and witnesses got in through the plaintiff’s case.”
Before Dunham took the witness stand, and without the jury present, the defense asked Judge Thomas Delahanty to throw out the case because Lilley had failed to produce sufficient evidence to substantiate the charges.
After hearing arguments from the other side, Delahanty tossed out all but the breach of contract charge.
Lilley, however, said that action didn’t mean anything.
“As we say in our business, we only need one count to get over the jury rail, and we’ve got it. Whether it’s one count or five, it doesn’t matter,” he said.
DeTroy said because the suit is now focused on one charge, possible damages might be less.
Lilley said he intends to ask for $3.5 million in damages, the amount he said Camden bank officials set as the value of the properties they seized through foreclosure on Steamship and the Dunicans.
The jury of six women and three men return to court today to hear closing arguments starting at 8:30 a.m. and deliberate on a verdict.
Comments are no longer available on this story