Posted: 2/19/04
Judge dismisses most
counts in Dennehy lawsuit
WACO (ABP)–A Waco judge has dismissed six of seven counts in a wrongful death lawsuit filed by the father of slain Baylor University basketball player Patrick Dennehy.
Ralph Strother of Waco's 19th State District Court threw out the counts of alleged wrongdoing listed in the suit against Baylor and some of its officials. The remaining count says the defendants “intentionally, knowingly and/or recklessly” caused Dennehy's death.
He gave attorneys for the plaintiff, Patrick Dennehy Sr. of Tacoma, Wash., two weeks to refile their complaint.
Robert Laminack, a Houston attorney representing the father, said he did not believe anyone intentionally meant for Dennehy to die, but Baylor officials created an atmosphere and series of events that led to Dennehy's death.
The complaint alleges Baylor created an unsafe environment by hiring basketball coach Dave Bliss despite his being investigated at two other schools for NCAA violations, and when infractions occurred at Baylor, school officials tried to cover them up.
It also claims Baylor officials asked other basketball players to intimidate Dennehy so he would keep quiet about the violations. When Dennehy told coaches and administrators he felt threatened, he reportedly was ignored.
The university has acknowledged illegal payments were made to Dennehy and at least one other player.
One of Dennehy's former Baylor teammates, Carlton Dotson, confessed to shooting Dennehy and was indicted in August. He is set to stand trial March 22.
Defendants named in the lawsuit are Baylor; its board of regents; board chairman Drayton McLane; Baylor President Robert Sloan; former athletic director Tom Stanton; former basketball coaches Rodney Belcher, Dave Bliss and Doug Ash ; Paul Bradshaw, assistant athletic director for compliance; and Baylor basketball booster William Stevens. Stevens was dropped from the suit, however, because it was determined there was no case against him.
Following the ruling, Baylor officials released a statement saying they were pleased with the dismissals.
“It was the university's position that all of the individual claims being asserted were without merit,” the statement read. “Baylor is further gratified with the court's ruling that a university cannot prevent a criminal act from occurring off its premises when students are engaged in activities over which the university has no control.”
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