NASCAR files countersuit against driver Mayfield

LONG POND, Pa. -- The Jeremy Mayfield saga took another turn Friday when NASCAR publicly denounced claims the former owner/driver made in his lawsuit, and in turn countersued Mayfield.

Ramsey Poston, NASCAR's managing director of corporate communications, announced the filing of the countersuit in a federal court late Friday afternoon at Pocono Raceway, where a Sprint Cup Series race, the Pocono 500, is scheduled for this Sunday.

A federal case

NASCAR moved Jeremy Mayfield's challenge of his indefinite suspension to federal court a day before a North Carolina Superior Court was scheduled to hear arguments pertaining to Mayfield's suspension for failing a random drug test.

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"NASCAR [on Friday] responded to the Jeremy Mayfield lawsuit by denying each of his claims, and countersuing Mayfield for willfully violating NASCAR's substance-abuse policy, breach of contract, and defrauding NASCAR and its competitors of earnings," Poston said.

"NASCAR's counterclaim states that Mayfield knowingly participated in NASCAR-sanctioned competition using a combination of drugs in violation of the substance-abuse policy -- and in doing so, violated his contract with NASCAR and the standards of care that he owed fellow drivers and spectators. Mayfield's willful misconduct at the race track in which he competed while an illegal substance was still in his system is evidence that he presented a danger to himself and others."

Mayfield could not be reached for comment Friday. His lawyer, Bill Diehl, was out of his Charlotte office and was not expected back in town until Monday. Diehl did not respond to messages left at his office, seeking comment on his client's response to NASCAR's countersuit.

Mayfield was suspended May 9 for failing a random drug test conducted eight days earlier at Richmond. He repeatedly has denied knowingly using illegal drugs, but his explanation that two positive tests were triggered by a combination of prescription drugs and over-the-counter medicine has repeatedly been roundly rejected by Dr. David Black, who is in charge of the testing program that is run by Aegis Laboratories.

Mayfield filed a lawsuit on May 29 alleging 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.

Poston reiterated that NASCAR rejects all those claims. He also hinted at a new accusation that Mayfield allegedly has now admitted using another drug earlier without informing NASCAR.

"In addition to the use of illegal drugs, Mayfield has now admitted that he used another drug without informing NASCAR," Poston said. "When he consumed that drug in conjunction with another medication, he exceeded safe levels and violated NASCAR's substance-abuse policy.

"I would also say that NASCAR's substance-abuse policy -- one of the toughest in sports -- is in place to protect the competitors, spectators and the integrity of the sport. Finally, in regards to Aegis Laboratories, it is a world-class, forensic-science facility with impeccable credentials for conducting and verifying substance abuse or misuse. NASCAR continues to stand by Aegis, its methods and all tests it has conducted on behalf of NASCAR."

Poston declined to say which races Mayfield competed in while allegedly under the influence of illegal drugs, but Mayfiled qualified for and competed in a total of five races before NASCAR handed down his "indefinite suspension." His best finish was 18th at the season-opening Daytona 500, for which his team, which he owns himself, earned $265,238.

Jeremy Mayfield

2009 Results

Site	St.	Fin.	Earnings
Daytona	18	40	$265,238
Fontana	39	34	$83,700
Martinsville	42	38	$69,900
Talladega	27	32	$82,075
Richmond	38	35	$67,975
Totals	32.8	35.8	$568,888

Mayfield also made the races at Fontana, Martinsville, Talladega and Richmond. His total winnings for the season amount to $568,888.

"The lawsuit is a matter of public record," Poston said. "You will see in there that he competed in a number of races that had we known that he had been on the medication that he was on, and certainly if we had known there was an illegal substance involved, we would not have allowed him to compete. So in effect, he took money away from other potential competitors who could have gained those earnings."

According to the 40-year-old Mayfield in his complaint, he was taking Adderrall-XR for attention deficit hyperactivity disorder, and on April 30, two days before taking his initial drug test, he also took two Claritin-D doses to combat allergies. Black allegedly questioned the legitimacy of someone Mayfield's age needing to take Adderrall and has repeatedly rejected Mayfield's claim that a combination of a prescription drug and over-the-counter medicine could have triggered a positive test, let alone two.

Mayfield later submitted to a second test that also was ruled positive.

Asked Friday if Adderrall was on the list of substances banned by NASCAR, Poston declined to comment -- citing a gag order that had earlier been issued by a North Carolina state judge regarding the case.

"Out of respect to the state ruling asking us not to discuss the specific drugs or the drug-testing process, I will refrain from answering that. But I do think most of that is matter of public record," Poston said.

"The gag order is specifically about specific drugs and the drug-testing policy itself, so obviously we will continue to try to respect that order."

Pressed again about the drug Adderrall, Poston added: "Dr. Black and his team obviously will work with competitors on prescribed medicine. And we do that quite often on a case-to-case basis. Remember, the policy is that the misuse of abuse of any drug is a violation of the substance-abuse policy.

"Out of respect of the gag order, I'm going to refrain from getting too close to discussing what the substances [were] and what the process was."

No court hearing has been set as yet for NASCAR's countersuit claims.

• Audio: NASCAR countersues Mayfield