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Smiths will sue Fulmer in Tennessee
Friday, August 06, 2004
MIKE PERRIN
News staff writer
Former player Kenny Smith and his parents have decided they will re-file a lawsuit against Tennessee football coach Phillip Fulmer and others in Tennessee, attorney Thomas Gallion said Thursday.
Meanwhile, Georgia car salesman James F. Johnson, whom the NCAA claimed provided an improper benefit to a University of Alabama player, plans to demand an apology from the NCAA and the lifting of his disassociation as a UA booster.
Smith, a former University of Tennessee player and Alabama recruit, had filed a defamation lawsuit in Tuscaloosa against Fulmer, the NCAA, the American Football Coaches Association, NCAA investigator Richard Johanningmeier, NCAA president Myles Brand, Brand's senior adviser Wallace Renfro, and freelance recruiting analyst Tom Culpepper.
The suit alleged that Fulmer defamed Vicki Smith Dagnan, the former player's mother, in a statement to Johanningmeier during the NCAA's investigation of the Alabama football program. The suit claimed Fulmer told Johanningmeier that Smith Dagnan had an extramarital affair with an Alabama assistant coach. Fulmer's statement as a confidential witness was revealed in documents that came to light as part of the Logan Young bribery case in Memphis.
The Smiths' suit also claimed Renfro revealed private information about Kenny Smith's UT academic record on national television.
The Smiths' suit was dismissed in Tuscaloosa over a jurisdiction question. Gallion provided no timetable for filing the suit in Tennessee.
In the allegation involving Johnson, the University of Alabama challenged the NCAA enforcement staff's claim that Johnson provided a vehicle at no cost to then Tide linebacker Travis Carroll, but the NCAA Committee on Infractions determined a violation occurred.
In a sworn statement given to Gallion earlier this year, Johnson said he was asked by former UA assistant Neal Callaway to help arrange a deal for Carroll to get a vehicle. Johnson said Callaway specifically told him to "do no favors" for the player.
Former UA faculty athletics representative Gene Marsh said in a deposition that the car deal was not an NCAA rules violation.
Johnson told Gallion that Carroll received on-the-spot financing at a high interest rate, which was available for any potential car buyer. When Carroll did not make payments for the SUV, it was repossessed.
The NCAA cited Carroll's taking the vehicle without a down payment, a trade-in, or a co-signer on the car loan. Repossession didn't occur until Carroll had transferred from Alabama, the NCAA said.
"Jim Johnson has hired us to represent him in this matter," Gallion said. "I don't know if we're going to sue. He lost his job over this, but he has gotten it back because he was such a good salesman.
"Jim doesn't like lawsuits. If they take away his disassociation and apologize, he may not sue. If they don't, he may."
NCAA officials on Thursday declined comment.
Gallion said Johnson was a hunting buddy of Callaway's, but he was an Auburn fan. He said Callaway persuaded Johnson to purchase a Tide Pride membership, but that he had attended only a few Alabama games.
"He ain't even close to being a booster like Diane Sanford," said Gallion, referring to the Mobile woman who indirectly gave money to UT quarterback Tee Martin but was not classified as a booster by the NCAA.
Friday, August 06, 2004
MIKE PERRIN
News staff writer
Former player Kenny Smith and his parents have decided they will re-file a lawsuit against Tennessee football coach Phillip Fulmer and others in Tennessee, attorney Thomas Gallion said Thursday.
Meanwhile, Georgia car salesman James F. Johnson, whom the NCAA claimed provided an improper benefit to a University of Alabama player, plans to demand an apology from the NCAA and the lifting of his disassociation as a UA booster.
Smith, a former University of Tennessee player and Alabama recruit, had filed a defamation lawsuit in Tuscaloosa against Fulmer, the NCAA, the American Football Coaches Association, NCAA investigator Richard Johanningmeier, NCAA president Myles Brand, Brand's senior adviser Wallace Renfro, and freelance recruiting analyst Tom Culpepper.
The suit alleged that Fulmer defamed Vicki Smith Dagnan, the former player's mother, in a statement to Johanningmeier during the NCAA's investigation of the Alabama football program. The suit claimed Fulmer told Johanningmeier that Smith Dagnan had an extramarital affair with an Alabama assistant coach. Fulmer's statement as a confidential witness was revealed in documents that came to light as part of the Logan Young bribery case in Memphis.
The Smiths' suit also claimed Renfro revealed private information about Kenny Smith's UT academic record on national television.
The Smiths' suit was dismissed in Tuscaloosa over a jurisdiction question. Gallion provided no timetable for filing the suit in Tennessee.
In the allegation involving Johnson, the University of Alabama challenged the NCAA enforcement staff's claim that Johnson provided a vehicle at no cost to then Tide linebacker Travis Carroll, but the NCAA Committee on Infractions determined a violation occurred.
In a sworn statement given to Gallion earlier this year, Johnson said he was asked by former UA assistant Neal Callaway to help arrange a deal for Carroll to get a vehicle. Johnson said Callaway specifically told him to "do no favors" for the player.
Former UA faculty athletics representative Gene Marsh said in a deposition that the car deal was not an NCAA rules violation.
Johnson told Gallion that Carroll received on-the-spot financing at a high interest rate, which was available for any potential car buyer. When Carroll did not make payments for the SUV, it was repossessed.
The NCAA cited Carroll's taking the vehicle without a down payment, a trade-in, or a co-signer on the car loan. Repossession didn't occur until Carroll had transferred from Alabama, the NCAA said.
"Jim Johnson has hired us to represent him in this matter," Gallion said. "I don't know if we're going to sue. He lost his job over this, but he has gotten it back because he was such a good salesman.
"Jim doesn't like lawsuits. If they take away his disassociation and apologize, he may not sue. If they don't, he may."
NCAA officials on Thursday declined comment.
Gallion said Johnson was a hunting buddy of Callaway's, but he was an Auburn fan. He said Callaway persuaded Johnson to purchase a Tide Pride membership, but that he had attended only a few Alabama games.
"He ain't even close to being a booster like Diane Sanford," said Gallion, referring to the Mobile woman who indirectly gave money to UT quarterback Tee Martin but was not classified as a booster by the NCAA.
