The SDN Bulldog Blog learned Tuesday the representation of Mississippi State head baseball coach John Cohen filed a motion to dismiss the lawsuit against him by former pitcher Forrest Moore.
The 17-page motion, which was filed Friday in Oktibbeha County Circuit Court by the coach’s attorney Joy W. Graves, denies all the relevant claims that Moore’s suit accused of Cohen over a month ago.
Here are all the following allegations Cohen’s motion and answer to the Moore allegations deny in writing:
Cohen told Moore and numerous players recruited by former head coach Ron Polk that their scholarship would be reduced.
- Cohen specifically called and told Forrest Moore his scholarship “would be reduced from 80%“.
- Moore’s regular financial aid was not renewed for the 2009-10 academic year
- Cohen forced Moore to pitch for three weeks with a known injury
- Cohen violated NCAA rules by requiring players to participate in excessive practice hours according the NCAA rule book on such matters.
- Cohen precluded Moore and other players from completing the required practice hour forms.
- While acknowledging Moore required hospitalization in the fall of the 2008, the documentation of Cohen’s response says he denies being responsible for Moore’s condition.
- Cohen tried to actively attempt “to drive an injured Moore away from the team”.
- The document states that Cohen admits to Moore suffering a broken nose in practice but denies Cohen making the pitcher do excessive running with the injury the following day.
- The document states that Cohen admits to Moore “complaining of forearm/elbow soreness of 2009″ but is “without knowledge or information sufficient to form a belief as to the truths” that MSU team doctor Rusty Linton diagnosed Moore with forearm tendonitis.
- The documentation is “without knowledge or information sufficient to form a belief as to the truth” of the Moore suit’s claim that Dr. Michael Buehler “reported an elbow strain to the ulnar collateral ligament or a partial tear”.
- The documentation states Cohen admitted Moore went to see Dr. James Andrews in Birmingham, Ala., but again “without knowledge or information sufficient to form a belief as to the truth” as to what occurred in that meeting. Moore’s claim is Andres informed the pitcher he had ligament damage and “should not have been pitching for several weeks”.
- The documentation of Cohen’s response states he denies trying to give a medical redshirt status, force permanent medical status on Moore or attempted to take his scholarship away at that point.
- Cohen’s legal response states written notification or a hearing for Moore’s scholarship status wasn’t granted due to the fact the MSU third-year head coach claiming he never tried to reduce or take away Moore’s scholarship or “any breach of contract occurred”. [This is a direct contradiction from the Moore lawsuit against Cohen, Mike Nemeth and MSU]
- The written response in the filed request for dismissal states Cohen denies any “intentional and tortious interference with contract” or “civil conspiracy” involving the MSU head coach and Nemeth and Moore “is not entitled to damages of any type”.
- Cohen’s representation states that the MSU head coach is entitled to “rights and defenses available to him under the Mississippi Tort Claims Act” while Moore’s lawsuit, filed by Oxford attorney J. Douglas Foster, claims that act does not provide Cohen protection from Moore’s claims of Intentional Interference with Contract and Civil Conspiracy.
- Cohen’s representation is asking for in writing a bench trial without a jury.
The judge assigned to this case is Lee S. Coleman from West Point, the newest judge in the 16th Circuit Court District. Coleman won a runoff election for the position in November.
All of the SDN Bulldog Blog readers: feel free to follow me on Twitter at http://twitter.com/matthewcstevens for up-to-date Mississippi State coverage.