STILLWATER — A Payne County judge has ruled largely in favor of Mike Gundy in a breach-of-contract lawsuit filed against the Oklahoma State coach and his wife, Kristen.
A trial had been set to begin Aug. 19 before the judges ruling earlier this week. The plaintiff's attorneys could file an appeal that would push back the start of a trial.
Plaintiff Brent Loveland alleges he was fired from working on Gundy's Stillwater home in August of 2011 because he arrived on his first day wearing a shirt believed to be associated with the University of Oklahoma baseball team. Gundy is accused of telling Loveland, “How dare you come into my house and offend my wife?” and when Loveland asked what Gundy meant, the coach replied, “That (expletive) shirt you have on.”
Earlier this week, Judge Louis Duel ruled that Loveland was not guaranteed to receive the entire sum of $80,600 for his work on Gundy's home, because Loveland was to be paid an hourly rate and his continued employment would be evaluated daily based on Gundy's satisfaction with the job. Thus, Loveland would be owed compensation for, at most, work that may or may not have been completed, which will be determined by the jury.
Duel also ruled that Gundy “did not act recklessly, nor was (his) conduct extreme and outrageous as to go beyond all bounds of decency.” Additionally, Duel ruled that Loveland's testimony that he felt “degraded” by Gundy “falls short of convincing this court that he suffered severe emotional distress resulting from (Gundy's) conduct.”
Duel also overruled a request for a change of venue from Loveland's attorney.