FARMINGTON (AP) — A former Delaware state senator has sued a Maine ski resort nearly three years after he and his daughters were injured in a 35-foot fall from a broken chairlift.

Michael Katz, who suffered a broken back and traumatic brain injury, was the most seriously injured of the eight people hurt in the December 2010 accident at Sugarloaf Mountain in Carrabassett Valley. His daughters, 13 and 11 at the time, suffered back and head injuries.

The negligence suit filed Tuesday in Franklin County Superior Court seeks unspecified monetary damages.

The lawsuit was filed after efforts to reach an out-of-court settlement failed, Katz’s attorney told the Portland Press Herald.

Benjamin Gideon, of Berman & Simmons in Lewiston, said he thinks there were warning signs dating back a number of years that the Spillway chairlift had problems.

“Five chairs fell completely to the ground. Of the 10 people who fell, eight were injured,” he said. “There were over 300 people on the lift. You’re talking about as many people as are on a 737 airline.”

A Sugarloaf spokesman said the suit was not a surprise and the resort has reached settlements with all the other injured skiers.

“We’ve been working with everybody who’s been involved in the accident since day one, including Mr. Katz,” spokesman Ethan Austin said. “Unfortunately, we weren’t able to do that in this case.”