A man was permanently injured at the Fryeburg Fair because the fair failed to prevent a foreseeable collision between a starting gate vehicle and a racetrack railbird, a lawsuit said.
Gene Miner was standing at the rail during harness racing on Oct. 5, 2022, when he was hit by a gate, leaving him with permanent left arm, hand and head injuries, the lawsuit filed Wednesday in Cumberland County said.
The West Oxford Agricultural Society and Fryeburg Fair are accused of negligence and are liable for the acts of the gate vehicle driver, the lawsuit said. Miner and his wife, Beverly, are asking a judge to award them compensatory damages and any additional relief the judge decides.
The Fryeburg Fair is one of the largest in the state, with the 2022 fair attracting 300,000 visitors and making around $26.2 million.
The couple, who had attended the fair since 1959, had been watching the harness races from the grandstands. Between races Miner went to the restroom and then went to fence rail by himself as a race was about to start, the lawsuit said.
While Miner and others were standing on the rail, the starting gate vehicle with retractable arms was pacing horses along the track. The driver drifted wide, causing the gate arm to extend past the rail fence, hitting Miner, per the lawsuit.
The gate caused permanent injury to Miner, which left him with emotional distress. Beverly Miner lost comfort, society and companionship from Miner because of the injuries.
“The injuries to Gene Miner occurred in plain view,” Dan Kagan, Miner’s attorney, said. “The Miners were hurt that they didn’t hear from the Fair with expressions of concern or offers of support.”
The fair did not respond to requests for comment.
The fair should have known harm would be caused if the starting gate arm reached beyond the rail, the lawsuit said. The fair also had a duty to attendees to make sure there was adequate supervision of the vehicle gate driver and the equipment.
Railbirds, or people standing along the fence, are permitted and encouraged by the fair, the lawsuit said.
The 2023 installment of the Fryeburg Fair runs from Monday, Oct. 1 to Oct. 8.