Fulmer Lawsuit Refiled

[Jordan]

Article from The Tuscaloosa News (http://www.tidesports.com/apps/pbcs.dll/article?AID=/20050107/NEWS/501070345/1011)

"Lawsuit against Fulmer refiled in Tennessee

By Christopher Walsh
Sports Writer
January 07, 2005

Email this story.

The lawsuit of former University of Tennessee football player Kenny Smith and his family against Volunteers coach Phillip Fulmer and the National Collegiate Athletic Association was re-submitted in Knoxville on Thursday afternoon.

The lawsuit claims libel, slander and defamation and seeks $40 million ($10 million compensatory, $30 million punitive) in damages.

The initial lawsuit was dismissed in Tuscaloosa on Aug. 2 due to jurisdiction.

Since then, the lawsuit has taken on many different forms, but no longer named are the American Football Coaches Association, NCAA investigator Richard Johanningmeier, NCAA spokesperson Wally Renfro, NCAA president Myles Brand and recruiting analyst Tom Culpepper.

The lawsuit was filed in the same Knoxville court where Fulmer, along with the AFCA and the NCAA, asked a judge to rule that coaches can’t be sued for defamation over information they give to NCAA investigators.

Smith attorney David Buuck of Knoxville has already filed a motion for a summary judgement in the matter. Fulmer has been served with a notice to give a deposition as an intervening plaintiff in his complaint.

Fulmer’s deposition has been delayed for almost two months.

At the heart of Smith’s lawsuit was a statement Fulmer made to Johanningmeier that he heard Smith’s mother, Vicki Smith Dagnan, had an affair with an Alabama assistant coach.

Summaries of that interview became public last January as part of the criminal case against former Alabama booster Logan Young in Memphis.

Reach Christopher Walsh at christopher.walsh@tuscaloosanews.com or at (205) 722-0196."

[Neo]

At the heart of Smith’s lawsuit was a statement Fulmer made to Johanningmeier that he heard Smith’s mother, Vicki Smith Dagnan, had an affair with an Alabama assistant coach.

Summaries of that interview became public last January as part of the criminal case against former Alabama booster Logan Young in Memphis.


Now there's a rumor!!! How in the devil did Mr. Fulmer know what that lady was doing in her bedroom?????? :D

[volfish20]

I don't know how much there is too this one. I do wish that I could sue for that much everytime someone talked about my mother and I.

[Jordan]

No kidding. I'm not much of a Fulmer fan, but this lawsuit is ridiculous. If this accusation is true, then I agree that Fulmer was in the wrong..... but $40 million in damages is ridiculous.

[Ironica]

In the text of the testimony, Fulmer claims that she was "involved" with one of the coaches (did not say "affair" but presumably that's what he meant). That's it. Some how that's worth $40 million! Oh by the way, the statement was made under the condition of confidentiality - never intented to be released. If the plaintiff wins this one, I hope Fulmer says something bad about me.

Since Team Gallion hasn't included Fulmer on the real case (Cottrell - Williams), he is using this one to dispose Fulmer to dig up dirt on UT. Clearly there is no connection between the Linda Bensel-Myers issue and a potential defamation of Vicki Smith. However, Gallion seeks to use a desposition for this case to dig, dig, dig. Ultimately, the goal is to embarrass UT and Fulmer.

Gallion has an interesting double standard. The heart of the Cottrell - Williams case is that the NCAA defamed these two by falsely linking them to NCAA violations at Bama. (Eventhough, 1 or 2 witnesses testified in Federal court that they were involved). The argument is that the NCAA did not have "sufficient proof" of the involvement. Next, Gallion makes defamatory statements about John Henderson = claims to have an affadavit from a source swearing JH received payment. Gallion later rescinded this claim since the source wanted about $300,000 to testify. Hmmm. He also claims that Jayson Swain did not take his own ACT and has publicly accused JS of this. Gallion has testimony from one of JS's teachers who says there's no way he could have taken it. Notice, the teacher doesn't know for sure and did not personally witness someone else taking it for him. Do you see what I'm getting at? Sworn testimony in Federal court is insufficient proof and worthy of a defamation suit but public statements of wrong doing based on statements from 1) an untrustworthy source and 2) a non-witness somehow constitute enough prove to publicly defame those associated with UT.

[Neo]

No kidding. I'm not much of a Fulmer fan, but this lawsuit is ridiculous. If this accusation is true, then I agree that Fulmer was in the wrong..... but $40 million in damages is ridiculous.

I don't know man..What would you do if I dragged you outta your house, splattered your business all over the country and totally embarrassed you. What would you do?

You would want to sue too. :)

[Jordan]

I don't know man..What would you do if I dragged you outta your house, splattered your business all over the country and totally embarrassed you. What would you do?

You would want to sue too. :)
But who splattered it all over the country? Fulmer just told one person. That person, as well as the media (as usual), were the ones to tell the world about it.

[Neo]

But who splattered it all over the country? Fulmer just told one person. That person, as well as the media (as usual), were the ones to tell the world about it.


We know about it??????

How many others do you think knows about it? :)

[Ironica]

"I don't know man..What would you do if I dragged you outta your house, splattered your business all over the country and totally embarrassed you. What would you do?

You would want to sue too. " from DeLoreanfan post


NOTE: I didn't do the quote thing right but hey I tried :)

The difference here is that Fulmer's comments were in a supposedly confidential testimony. It was the legal team including Gallion (I believe) (whichever team is defending Logan Young) that filed for these statements to be made public and then they turn around and sue someone for making public statements!

If you read the testimony - Fulmer didn't give details, it was one in many statments of things he thought were going on at UA. Doesn't excuse passing along rumor (see what that'll get you :) ) but not like he was on the radio saying this type of thing - that's right that's what the plaintiff's lawyer does.

[Neo]

"I don't know man..What would you do if I dragged you outta your house, splattered your business all over the country and totally embarrassed you. What would you do?

You would want to sue too. " from DeLoreanfan post


NOTE: I didn't do the quote thing right but hey I tried :)

The difference here is that Fulmer's comments were in a supposedly confidential testimony. It was the legal team including Gallion (I believe) (whichever team is defending Logan Young) that filed for these statements to be made public and then they turn around and sue someone for making public statements!

If you read the testimony - Fulmer didn't give details, it was one in many statments of things he thought were going on at UA. Doesn't excuse passing along rumor (see what that'll get you :) ) but not like he was on the radio saying this type of thing - that's right that's what the plaintiff's lawyer does.

What the Bama lawyers wanted was access to the depositions. Before they could get access, a few certain individuals made public statements concerning the case.

[Ironica]

All I'm saying is that this is not a case where Fulmer made public defamatory statements against Vicki Smith. The statements became public as a result of legal action taken by attorney's working with her (VS's) attorney. It's a bit ironic don't you think :)

I'm not excusing the statement by Fulmer - even if he knew it to be true, it's hard to imagine that it was really relevant in recruiting violations.

Bottomline, I wish Fulmer had never testified. I've read his testimony and virtually none of what he accussed Bama of doing was included in the actual case. Apparently, in some cases there was no corroborating evidence and in others the alleged violations were too dated to further investigate.

[WayzUp]

I think they (frivolous lawsuit filing types) start out with a high number like $40 million so that's where the negotiating down starts from. For example, they sue for $40 mill to settle out of court for 1/4 that....probably more opinion there than fact but it's the only way I can justify $40million for and type of defamation, libel and/or slander in my mind.

All this being said, will this really affect UT's football recruiting all that much?

[Volnooga]

I don't see how....

I know a lot of wonderful people who pull for the UA. And I don't think most of them are out to get us, but that Gallion, he is of a different breed. He is turning this rivalry isto a state of hatred and spite. Bama Fans hate anything UT becuase of Sanctions, UT fans hateing everything Crimson because of court issues spilling over into Gametime scenarios.

It's all a bunch of trash and it is ruining the what was one of the most storied weekends in college football, the 3rd week of October.

I want the good old fashion, we hate you this year cause you beat us mentality that both teams had. At least then we could tailgate and have fun with each other instead of the drunken cuss fights that seem to be prevailent since this all blew up.

[ColonelKurtz]

I don't see how....

I know a lot of wonderful people who pull for the UA. And I don't think most of them are out to get us, but that Gallion, he is of a different breed. He is turning this rivalry isto a state of hatred and spite. Bama Fans hate anything UT becuase of Sanctions, UT fans hateing everything Crimson because of court issues spilling over into Gametime scenarios.

It's all a bunch of trash and it is ruining the what was one of the most storied weekends in college football, the 3rd week of October.

I want the good old fashion, we hate you this year cause you beat us mentality that both teams had. At least then we could tailgate and have fun with each other instead of the drunken cuss fights that seem to be prevailent since this all blew up.

Don't sweat it dude, it's only the bammerneck segment of the criminal tahd which so hates and blames UT with this conspiracy theory which even Hollywood couldn't invent.

[Neo]

Don't sweat it dude, it's only the bammerneck segment of the criminal tahd which so hates and blames UT with this conspiracy theory which even Hollywood couldn't invent.

Dang dude...That's pretty harsh.

[Volnooga]

Na, I see gamecocks on their boards, UGA fans on their boards, basically all SEC boards with their fans using this as an excuse as to why UT is teflon when they are clearly the dirtiest team in the SEC...


It all just gets so aggrivateing. Maybe I should just take a typical a**hole stance on the issue and be more "Na Na Na Na NAAAAAAAAA NA, You can't touch us" but I like discussion between different fans and that kinda attitude will surely get me banned

[Neo]

Na, I see gamecocks on their boards, UGA fans on their boards, basically all SEC boards with their fans using this as an excuse as to why UT is teflon when they are clearly the dirtiest team in the SEC...


It all just gets so aggrivateing. Maybe I should just take a typical a**hole stance on the issue and be more "Na Na Na Na NAAAAAAAAA NA, You can't touch us" but I like discussion between different fans and that kinda attitude will surely get me banned

What discussion Nooga? We have always discussed our differences like men. :)

[Volnooga]

This is the one that is currently getting under my skin...

http://mb8.scout.com/fsouthcarolina19141frm18.showMessage?topicID=28425 .topic

Seems like the same pattern comes up. Someone throws Mud at UT, NCAA clears UT of Wrong doing and it gets added to the list of "things we got away with".

Once a rumor gets repeated enough it becomes reality. Hearsay 2 years ago becomes Strong Evidence today in the minds of other teams.

I guess all in all I just want the respect for my program that it deserves. Great School, Great coach, Great fans, and one of the winingest programs of all times. Instead of respect in the media and from other teams, we are constantly called UcheaT. By fans of teams coming off Probation!


Do fans of all schools feel this way?

[volimhtown]

I guess all in all I just want the respect for my program that it deserves. Great School, Great coach, Great fans, and one of the winingest programs of all times. Instead of respect in the media and from other teams, we are constantly called UcheaT. By fans of teams coming off Probation!
Hey Vol....that's just the nature of being on top. Keep in mind that the people on these boards represent the smallest of small minorities. I honestly believe that Tennessee is well respected around the country and Knoxville is consistently being voted by many national publications as the #1 college football town in terms of atmosphere and tradition. Honestly....we can't complain!!! There is ALWAYS going to be people "out to get the program", but that's fueled by simple envy for what Tennessee is!! The day that the rumors and conspiracy theories stop, is the day I don't want to see!! That will signal the end of Tennessee being considered a top program. Enjoy it and take things in perspective!! I constantly have to remind myself that!!

[Neo]

Hey Vol....that's just the nature of being on top. Keep in mind that the people on these boards represent the smallest of small minorities. I honestly believe that Tennessee is well respected around the country and Knoxville is consistently being voted by many national publications as the #1 college football town in terms of atmosphere and tradition. Honestly....we can't complain!!! There is ALWAYS going to be people "out to get the program", but that's fueled by simple envy for what Tennessee is!! The day that the rumors and conspiracy theories stop, is the day I don't want to see!! That will signal the end of Tennessee being considered a top program. Enjoy it and take things in perspective!! I constantly have to remind myself that!!

While I do not agree with all of Volim's comments, I do agree with some of his sentiments. When you are successful, there are people more than ready to trip you.

As for the rumor, not everyone can read. You will have to excuse some people. When I was in school, I was taught the difference between facts and allegations. Sorry I cannot say the same for everywhere. :)

[ColonelKurtz]

Dang dude...That's pretty harsh.

It was intended to be. All you gotta do is read their boards and then what Nooga says becomes quite apparent. Though every fanbase has a cadre of those who simply are out there, the numbers of UA fans that have slipped off the slope makes them #1 in that catagory too.

And this absolutely consuming passion they seem to have for nailing UT with anything which will stick has become obsessive for way too many of them. Having been around the block, the shenanigans which everybody got away with to some degree back in the day are long gone yet some just can't seem to accept that. And, its this time of year, right at the end of Recruiting, when some of the wildest and most vitriolic posts can be read. Folks on message boards cooking up every wild-eyed, fantastic yarn about how so & so is cheating to gain a prized recruit. You can't just make this stuff up....

[Jordan]

I for one just "dislike" UT the same way I "dislike" Auburn, as they have both always been fairly big rival games of ours. I wish the media / Gallion / everyone else would just lay off this other crap that's been going on for the past several years now. It's old news now, and everyone should just move on and have fun again. Rival games are a lot more fun when the fans can actually get along with each other....

[Volnooga]

Exactly! I HATE Bama fans for about 60 minutes every year, and that's the way it should be. I don't mind a bit of ridicule if we lose. we all like to poke fun when we win, but it's about to get to the point where being a visiting fan will not be safe...

[Neo]

I for one just "dislike" UT the same way I "dislike" Auburn, as they have both always been fairly big rival games of ours. I wish the media / Gallion / everyone else would just lay off this other crap that's been going on for the past several years now. It's old news now, and everyone should just move on and have fun again. Rival games are a lot more fun when the fans can actually get along with each other....

Speak for yourself! :p

We as USC fans enjoy hating Clemson. We wouldn't pee on a Clemson fan if he or she were on fire. :)

[Ironica]

It was intended to be. All you gotta do is read their boards and then what Nooga says becomes quite apparent. Though every fanbase has a cadre of those who simply are out there, the numbers of UA fans that have slipped off the slope makes them #1 in that catagory too.

And this absolutely consuming passion they seem to have for nailing UT with anything which will stick has become obsessive for way too many of them. Having been around the block, the shenanigans which everybody got away with to some degree back in the day are long gone yet some just can't seem to accept that. And, its this time of year, right at the end of Recruiting, when some of the wildest and most vitriolic posts can be read. Folks on message boards cooking up every wild-eyed, fantastic yarn about how so & so is cheating to gain a prized recruit. You can't just make this stuff up....
I think the Colonel has something here that will also explain the passionate (to put it positively) reaction of Vol fans to the "street agent" and other rumors.

The level of discourse by some Bama fans has gotten so extreme that it has caused a reaction. I live in the Birmingham area and am amazed at the level of hate and venom that is used when talking about UT and Fulmer. This is not football hate - this is deep visceral psycho hate. It is still the minority of Bama fans and there are great Bama fans who are as disturbed by this behavior as anyone, but you have to see it to believe it.

If your school was on the receiving end of this for that last 2 years or so, you'd probably react the same way you've seen many vol fans react. Hopefully, this will die down and we can get back to trashing each other for the right reasons ;)