Ronnie Cottrell files a multi-million dollar lawsuit against the NCAA

60. Defendant Finebaum, individually and as agent for Clear Channel Communication, Inc. uttered and/or published the following false statements:

(a) In a "lead-in" for Finebaum's program on June 1, 2001 and subsequently, he referred to Cottrell as a "scumbag";

(b) On his radio program he stated that Cottrell allowed a University of Alabama football player to improperly live at his home;

(c) Finebaum alleged that Cottrell had gone to Athletic Director Mal Moore in an attempt to get Marie Robbins fired;

(d) On October 1, 2002, Finebaum stated words to the effect that Carnell "Cadillac" Williams was coming to Alabama until Cottrell offered him a bribe and/or some other incentive to attend Alabama;

(e) Finebaum stated that Cottrell was the one who had leaked the alleged extra martial affair of Coach Dubose to the press and compared him to O. J. Simpson;

(f) Finebaum put into print on February 15, 2002 in a newspaper column in the Mobile Press Register, "others thought that he (Cottrell) was the one who leaked the rumors that DuBose had an affair with his secretary ..."; and

(g) In a February 2, 2002 article published in the Mobile Press Register, Finebaum stated that, "Instead of stemming the Tide of good ole boy network, it got worse with the hiring of Mike DuBose and the subsequent addition of recruiting guru Ronnie Cottrell and the allowance of both to be coddled by influential boosters." All of the above libelous statements are false and Finebaum never checked with Plaintiff Cottrell to determine if these statements were true and/or to get his side of any of these false allegations. In addition, Cottrell is continuing to receive recordations and other newspaper publications in which Finebaum has aimed and participated in a scheme to destroy Cottrell and his coaching career, through his libelous statements.

61. The facts in this case are so incredulous that it is almost unbelievable as to what has occurred. Not only has the Plaintiff Cottrell's reputation as a coach been destroyed but his life, along with that of his wife and children, have been devastated. In addition, the specious and malicious conspiratorial scheme to make Cottrell a "scapegoat" in an effort to destroy the Alabama football program are almost beyond belief.

Count One
Deceit and Reckless or Wanton Conduct
62. Plaintiff realleges and incorporates by reference all the allegations contained in prior paragraphs of this Complaint, as if fully set forth herein.

63. The Defendants NCAA, Johanningmeier, Yeager, Marsh and Robbins were each under an obligation and affirmative duty under the special circumstances of this case, and by virtue of their actual and/or de facto fiduciary positions or prior fiduciary positions to communicate material facts to the Plaintiff of what they thought may be an alleged wrong-doing by the Plaintiff. Said Defendants instead elected to enter into this scheme through reckless and wanton conduct to suppress, conceal and failed to disclose their real intent and reasons why they were taking these actions without proper investigations which were fraudulent, deceitful and malicious.

64. The above stated Defendants have knowingly, willfully and/or recklessly deceived the Plaintiff through such secretive, misleading and omissive activity.

65. Said Defendants knew or recklessly disregarded, or were reckless in not knowing that, the statements made by them were misleading, which caused injury to the Plaintiff.

66. Said Defendants knew and/or should have known that they could obtain any and all information needed to answer any questions pertaining to the above described allegations against the Plaintiff. They instead chose to enter into a conspiracy that would cause harm to the Plaintiff, by falsely accusing the Plaintiff of unethical conduct.

67. The conduct of said Defendants was attended by such malicious, intentional, willful, reckless, wonton and/or outrageous conduct that an award of exemplary damages is necessary and appropriate to punish said Defendants for such conduct and to make an example of them and to deter repetition of such conduct. Plaintiff is entitled to punitive damages under the facts of this case.

68. As a proximate result of said Defendants' actions, the Plaintiff has been caused to suffer great mental pain and anguish, monetary damages, property damage and other like and similar damages compensatory in nature.

WHEREFORE the Plaintiff claims an amount of Fifteen Million Dollars ($15,000,000) in compensatory damages and Forty-Five Million Dollars ($45,000,000) in punitive damages plus attorneys' fees and other related costs from the Defendants.

Count Two
Breach of Fiduciary Duties
69. Plaintiff realleges and incorporates by reference all the allegations contained in prior paragraphs of this Complaint, as if fully set forth herein.

70. Defendants Marsh and Robbins were under an obligation and affirmative duty under the circumstances of this case as outlined in the Complaint, and by virtue of their positions, to communicate material facts to Plaintiff Cottrell. Moreover, Defendants Marsh and Robbins, directly and through their legal representative, Hilliard, acting with apparent authority, sought to instill in the Plaintiff a trust the NCAA Committee on Infractions and created an relationship of trust and confidence, out of which a further duty to disclose arose. Defendants Marsh and Robbins suppressed, concealed, and failed to disclose material facts, which under the special circumstances of this case. Defendants were under duty to communicate to Plaintiff Cottrell. Defendants' actions constitute a breach of their fiduciary duty. The Plaintiff suffered damages as a proximate result of said Defendants breach of fiduciary duties.

71. The conduct of Defendants was attended by such malicious, intentional, willful, reckless, wanton, and/or outrageous conduct that an award of exemplary damages is necessary and appropriate to punish Defendants Marsh and Robbins for such conduct that has caused severe mental and emotional distress and to make an example of them so as to deter repetitions of such conduct. Plaintiff is entitled to compensatory and punitive damages under the facts of this case.

72. As a proximate result of said Defendants' actions, the Plaintiff has been caused to suffer great mental pain and anguish, monetary damages, property damage and other like and similar damages compensatory in nature.

WHEREFORE the Plaintiff claims an amount of Fifteen Million Dollars ($15,000,000) in compensatory damages and Forty-Five Million Dollars ($45,000,000) in punitive damages plus attorneys' fees and other related costs from the Defendants.

Count Three
Intentional Interference with Business
73. Plaintiff realleges and incorporates by reference all the allegations contained in prior paragraphs of this Complaint, as if fully set forth herein.

74. Plaintiff had an on-going coaching career with numerous opportunities of which Defendants NCAA, Johanningmeier, Yeager, Marsh and Robbins were aware.

75. Said Defendants intentionally made false and accusatory comments about the Plaintiff with the intent to interfere with the Plaintiff's on-going coaching career and relationships. Specifically, said Defendants made invalid statements concerning the Plaintiff's reputation in the community with willful intent to destroy the coaching relationship between the Plaintiff and his employer while using the false allegations against the Plaintiff in order to elevate their positions and careers in this area of college athletics. Plaintiff suffered damages as a proximate result of said Defendants' intentional interference with the Plaintiff's business relationships.

76. The Defendants' false allegations were malicious, intentional, willful, reckless, wanton, and/or outrageous conduct that an award of exemplary damages is necessary and appropriate to punish said Defendants for such conduct and to make an example of them so as to deter repetitions of such conduct. Plaintiff is entitled to punitive damages under the facts of this case.

77. As a proximate result of said Defendants' actions, the Plaintiff has been caused to suffer great mental pain and anguish, monetary damages, property damage and other like and similar damages compensatory in nature.

WHEREFORE the Plaintiff claims an amount of Fifteen Million Dollars ($15,000,000) in compensatory damages and Forty-Five Million Dollars ($45,000,000) in punitive damages plus attorneys' fees and other related costs from the Defendants.

Count Four
Libel, Slander and Defamation
78. Plaintiff realleges and incorporates by reference all the allegations contained in prior paragraphs of this Complaint, as if fully set forth herein.

79. Defendants Culpepper and Finebaum, individually and as agent for Clear Channel Communications, Inc., made statements and caused to be published false, libelous and defamatory statements of and concerning the Plaintiff as described above.

 

80. When the above stated Defendants entered into a conspiracy with the NCAA Defendants and others, they caused and participated in actions to cause the statements to be published in the statewide news media and sent to various people in the college football programs in which the Plaintiff did business. When the said Defendants made and/or published said statements, they knew or should have known that statements were false, and their actions were further done with reckless and gross disregard as to whether or not such statements were true or false.

81. As a proximate result of said Defendants' defamatory actions, the Plaintiff has been caused to suffer great mental pain and anguish, monetary damages, property damage and other like and similar damages compensatory in nature.

WHEREFORE the Plaintiff claims an amount of Fifteen Million Dollars ($15,000,000) in compensatory damages and Forty-Five Million Dollars ($45,000,000) in punitive damages plus attorneys' fees and other related costs from the Defendants.

Count Five
Tort of Outrage
82. Plaintiff realleges and incorporates by reference all the allegations contained in prior paragraphs of this Complaint, as if fully set forth herein.

83. Based upon the above stated facts, all of the Defendants intentionally or recklessly caused Plaintiff to suffer emotional distress by the Defendants' outrageous conduct.

84. Defendants' actions towards the Plaintiff were so outrageous in character, and so extreme in degree as to go beyond all possible bounds of decency, and are atrocious and utterly intolerable in a civilized society.

85. The emotional distress that the Defendants caused Plaintiff to suffer was so severe that no reasonable person could be expected to endure same.

86. In addition to the emotional distress, the Plaintiff has also had to suffer economic loss.

87. As a proximate result of said Defendants' actions, the Plaintiff has been caused to suffer great mental pain and anguish, monetary damages, property damage and other like and similar damages compensatory in nature.

WHEREFORE the Plaintiff claims an amount of Fifteen Million Dollars ($15,000,000) in compensatory damages and Forty-Five Million Dollars ($45,000,000) in punitive damages plus attorneys' fees and other related costs from the Defendants.

Count Six
False Light - Invasion of Privacy
88. Plaintiff realleges and incorporates by reference all the allegations contained in prior paragraphs of this Complaint, as if fully set forth herein.

89. The facts contained in the Complaint herein included quoted statements which were falsely attributed to the Plaintiff.

90. By attributing the above stated false allegations set forth in this Complaint to the Plaintiff, the Defendants placed the Plaintiff in a false light before the public.

91. The Defendants knew of the falsity of the statements or acted in reckless disregard as to the truth or falsity of the statements by publishing the false allegations to the public as a whole.

92. As a result of the publication of the above mentioned false allegations, the Plaintiff suffered injury to his reputation, suffered severe emotional distress which required medical treatment, and had a substantial loss of income.

93. As a proximate result of said Defendants' actions, the Plaintiff has been caused to suffer great mental pain and anguish, monetary damages, property damage and other like and similar damages compensatory in nature.

WHEREFORE the Plaintiff claims an amount of Fifteen Million Dollars ($15,000,000) in compensatory damages and Forty-Five Million Dollars ($45,000,000) in punitive damages plus attorneys' fees and other related costs from the Defendants.

Count Seven
Wantonness
94. Plaintiff realleges and incorporates by reference all the allegations contained in prior paragraphs of this Complaint, as if fully set forth herein.

95. The Defendants undertook the duty to provide factual information to exonerate the Plaintiff. The Defendants conspired to cause pain and suffering to the Plaintiff by falsely accusing him of illegal acts.

96. The Defendants breached their duty, in that they wantonly failed to provide and procure factual information that would clear the Plaintiff of any wrong doing.

97. As a direct result and proximate cause of said wanton conduct, Plaintiff has suffered damages in that it appears that these conspiratorial acts and libelous statements were purposely done to wantonly cause injury to the Plaintiff.

98. As a proximate result of said Defendants' actions, the Plaintiff has been caused to suffer great mental pain and anguish, monetary damages, property damage and other like and similar damages compensatory in nature.

WHEREFORE the Plaintiff claims an amount of Fifteen Million Dollars ($15,000,000) in compensatory damages and Forty-Five Million Dollars ($45,000,000) in punitive damages plus attorneys' fees and other related costs from the Defendants.

Count Eight
Conspiracy
99. Plaintiff realleges and incorporates by reference all the allegations contained in prior paragraphs of this Complaint, as if fully set forth herein.

100. Plaintiff, based on information and belief, alleges that the Defendants entered into a conspiracy with each other to destroy him and use him as a "scapegoat" to destroy the Alabama football program.

101. The Defendants set out in an conspiracy to destroy the coaching career and personal reputation of the Plaintiff for personal reasons.

102. The Defendants have contrived, combined, federated, and conspired among themselves and others named herein to do the acts hereinbefore described. The Defendants are liable for the damage done to the Plaintiff because of the actions committed as described herein.

103. The Defendants entered into the above-described conspiracy to commit legal wrongs that are actionable under the laws of the State of Alabama. These parties, separately, severally and/or in combination, committed various acts and falsely instituted this illegal scheme against the Plaintiff in order to cheat, and/or defraud him out of his job and business properties by unlawful and deceitful means; and /or caused harm to the Plaintiff in an attempt to interfere with his business relations and to prevent him from exercising his coaching career. These legal wrongs are contained in the paragraphs herein.

104. As a proximate result of the Defendants' actions, the Plaintiff has been caused to suffer great mental pain and anguish, monetary damages, property damage and other like and similar damages compensatory in nature.

WHEREFORE the Plaintiff claims an amount of Fifteen Million Dollars ($15,000,000) in compensatory damages and Forty-Five Million Dollars ($45,000,000) in punitive damages plus attorneys' fees and other related costs from the Defendants. Respectfully submitted this 20th day of December 2002.


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If you dont want to read it all, at least read No.27 - No.46