Gallion says Fulmer subpoena will be served Wednesday, August 04, 2004 MIKE PERRIN News staff writer Attorney Thomas Gallion says a setback in a jurisdictional ruling Monday in Tuscaloosa won't stop the less-than-civil war that's raging with Tennessee football coach Phillip Fulmer.
Gallion said Tuesday that he has lawyers in the Volunteer State willing to seek a subpoena on Fulmer, compelling him to give a deposition in the Kenny Smith lawsuit. "I've been on the phone all day and I've obtained one, maybe two, very good lawyers in Tennessee to take the Kenny Smith case," Gallion said. "We're going to serve (Fulmer). We've found a way to serve him for his deposition, and we've got lawyers to re-file the case if our clients decide to move forward in Tennessee." Tuscaloosa County Circuit Court Judge Scott Donaldson dismissed the lawsuit filed by Smith, a former University of Tennessee football player and a one-time Alabama recruit, and his parents. Donaldson ruled that the Alabama courts do not have jurisdiction because the plaintiffs live in Tennessee and all but one of the defendants live outside Alabama. That includes Fulmer. Donaldson did not rule on the merits of the lawsuit. Smith, his father, Kenneth, and his mother, Vicki Smith Dagnan, have not yet decided whether to re-file the case in Tennessee. The defamation suit was spawned by Fulmer's statements, reported in NCAA documents, that Smith's mother had an extramarital affair with an Alabama assistant coach. Gallion again challenged Fulmer to tell the truth concerning his involvement in the NCAA investigation of Memphis prep standout Albert Means that led to the University of Alabama being placed on probation. Gallion is one of three attorneys of record in a $60 million lawsuit filed by fired assistant coaches Ronnie Cottrell and Ivy Williams against the NCAA. Cottrell and Williams were part of Mike DuBose's staff that was released following a 3-8 season in 2000. Fulmer is not a defendant in the Cottrell-Williams suit, but Gallion has been attempting to get his deposition in that case concerning information he gave to investigator Richard Johanningmeier, who is a defendant. There is some disagreement over what information Gallion could pursue in a deposition from Fulmer taken as part of the Smith lawsuit. Several lawyers said Fulmer could refuse to answer anything not directly related to the Smith lawsuit. But, Gallion said, "if I get him under oath, he's history." "I've got four boxes of documents on him - all the way from Linda Bensel-Meyers to Tee Martin to Jamie Naughright," the Montgomery attorney said, referring to individuals involved in recent complaints of athletic or academic improprieties at Tennessee. "His deposition will take me two days, from sunup to sundown." ______________________________________________________ RollTideFan - The University of Alabama Athletics Discussion List "Welcome to RollTideFan! Wear a cup!" To join or leave the list or to make changes to your subscription visit http://listinfo.rolltidefan.net
