FARMINGTON — A Franklin County Superior Court jury on Friday decided that conditions at a Bangor horse track were not the cause of an accident that injured a local harness race driver.

The jury, in a 6-2 vote, found for the defendant, Bangor Historic Track, according to attorney Walter McKee, who represented the track. The case was brought by horse trainer, owner and driver Michael Cushing, 44, of Farmington.

Cushing received serious back injuries during a race at the track on June 18, 2008, and had surgery on his spine and tailbone. He was thrown from his sulky when the horse in front of him went down, according to court records. Cushing tried to go around the horse and driver but his sulky wheel hit the other sulky and it “catapulted him” into the air.

He filed suit against the track and the city of Bangor, who owned the track but was leasing it to Hollywood Slots at the time. He claimed the defendants were reckless in their maintenance and repair of the track and failed to maintain a safe condition, according to the court record.

The city of Bangor was dropped from the case by agreement, McKee said Monday.

The jury was asked to decide whether the track conditions caused the accident or whether the accident was simply caused by a young horse who broke stride and fell, he said.

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After more than three days of testimony, the jury deliberated Thursday afternoon and announced its verdict late Friday morning.

“The track was pleased with the jury’s verdict. It was very sad that Mike Cushing was injured. But unfortunately when you have 1,000 pound animals traveling at 30 mph, everyone recognizes that accidents can happen,” McKee said. “The past is the past and everyone — the track, the horsemen and the owners — are all looking forward to an exciting season.”

Attempts to reach Cushing’s attorney, William Robitzek of Lewiston, were unsuccessful.

abryant@sunjournal.com


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