AUGUSTA — An Oakland man injured by a malfunctioning starting gate during a harness race at the Windsor Fairgrounds in 2010 has filed a lawsuit after efforts to reach an out-of-court settlement failed.

Christopher Charrier filed suit last week in Kennebec County Superior Court.

The suit says the 43-year-old Charrier was one of five people hurt when the 1,500-pound starting gate towed by a vehicle traveling 35 miles per hour swung into the crowd.

The suit says Charrier suffered a severe head injury and was knocked unconscious. His lawyer says his medical bills are nearly $100,000.

The suit names the company that leased the gate, the owner of the vehicle and the fairgrounds.

The fair’s president says an attorney for its insurance company is preparing a response.