STILLWATER — A judge has dismissed a lawsuit against former Oklahoma State University basketball coach Eddie Sutton over his 2006 drunken-driving accident.
A judge has ruled accident victim Teresa Barnard cannot recover any damages against Sutton because she accepted $175,000 from OSU in 2010.
The judge's order was filed Thursday. Barnard plans to appeal, her attorney, Chris Sloan, said Friday.
Payne County District Judge Phillip Corley found “that even though Defendant Sutton was intoxicated when the accident occurred, he was within the scope of his employment.”
Sutton wrecked his OSU-provided sport utility vehicle about 5:45 p.m. Feb. 10, 2006, on the way from the university to the Stillwater airport for a flight to a game.
He struck Barnard's vehicle, then a tree, police said.
He later pleaded no contest to aggravated drunken driving, a misdemeanor, and retired as OSU coach.
Sutton testified in a deposition in 2008 that he began drinking about 10:30 a.m. that day from a fifth of whiskey kept under a bathroom sink at his home because of tremendous back pain. “I had a lot to drink,” he said.
Barnard, 48, did not get any of the $175,000 from OSU. Most of the money went to pay some of her more than $230,000 in medical bills, court records show. The rest went to her attorneys, records show.