A Minnesota state appeals court has upheld a $1 million award to basketball coach Jimmy Williams, who sued the University of Minnesota after Head Basketball Coach Tubby Smith offered Williams an assistant coaching job on his staff, an offer that was later rescinded by UM.
The withdrawal of the offer came after Williams had given notice to Oklahoma State University that he was leaving that job for the one with Smith.
UM Attorney Mark Rotenberg was reportedly mulling whether to appeal to the Minnesota Supreme Court. He had previously gone record with his disagreement with the supposition that the school had “to pay a million dollars in a case where this man had less than two years to run on a $160,000 a year contract at Oklahoma. That’s public money.”
Donald Chance Mark Jr., a founding member of the Minnesota-based law firm, Fafinski Mark & Johnson, and the attorney for Williams, summarized the legal developments, which led to the appeals court’s recent decision, in an article (http://www.hackneypublications.com/sla/archive/001149.php) that appeared last Fall in Sports Litigation Alert:
“In March of 2007, Tubby Smith was hired as the head basketball coach at the University of Minnesota. As he assembled his staff, he made verbal offers to his son, Saul Smith, longtime coaching partner Ron Jirsa and Jimmy Williams. Williams had previously coached at the university under Bill Musselman and Jim Dutcher in the 1970s and 1980s. He brought to the staff knowledge about coaching and recruiting in both Minnesota and the Midwest. He also brought years of experience while coaching and recruiting at Tulsa, San Diego State, Nebraska and at Oklahoma State for both Eddie and Sean Sutton.
“After verbally accepting Smith’s offer, Williams made arrangements to terminate his position at Oklahoma State and to begin recruiting on behalf of Minnesota. He resigned his position at OSU, put his house up for sale and advised family and friends of his imminent move. In doing so, he gave up his guaranteed contract for the upcoming season (worth in excess of $150,000), as well as his health and retirement benefits.
“As he awaited instructions from his new coach, however, he was told that the athletic director would not approve the hire based upon past NCAA violations that occurred while at Minnesota in the 1970s and 1980s. By the time he received this information his old position had been filled at OSU, and he had received and accepted an offer on the sale of his house.
“When the athletic director refused to honor the offer made by Smith, suit was brought alleging various legal theories. Defendant University of Minnesota moved to dismiss the case arguing governmental immunity. The trial judge dismissed the case (http://www.hackneypublications.com/sla/archive/000650.php) and Williams appealed to the Minnesota Court of Appeals.
“The Court of Appeals reversed the Trial Court on the issues of negligent and fraudulent misrepresentation, and the case was remanded for trial. Trial began on May 13, 2010 and on May 26, 2010 the jury found that Smith negligently misrepresented his authority to hire, that Williams had relied upon the misrepresentations and that the misrepresentations had caused Williams damages. The jury awarded $1,247,293.00 in damages.”
