STILLWATER — The breach-of-contract lawsuit against Oklahoma State coach Mike Gundy and his wife, Kristen, will not go to trial, after all.
Payne County Judge Louis Duel ordered Mike Gundy, Kristen Gundy and plaintiff Brent Loveland to mediation on Tuesday after previously granting partial summary judgment on the case last week. The trial was originally scheduled to begin Aug. 19.
Duel ruled largely in favor of Gundy last week, concluding Loveland — who 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 — was not guaranteed to receive the entire sum of $80,600 for his work on Gundy's home. Instead, Loveland was to be paid an hourly rate, and his continued employment would be evaluated daily based on Gundy's satisfaction with the job.
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.”
Those rulings mean all that is left to be determined is if Gundy owes Loveland for work that may or may not have been completed, which will likely be resolved in mediation.
Last week, Duel also overruled a request for a change of venue from Loveland's attorney.
Loveland accuses Gundy of telling him, “How dare you come into my house and offend my wife?” when he arrived at Gundy's home for the job. When Loveland asked what Gundy meant, the coach replied, “That (expletive) shirt you have on.”