kepdawg
04-10-2007, 11:29 PM
Irvin counters suit with his own
Lawyer: Contractor's claim of assault is 'the proverbial shakedown'
11:12 PM CDT on Tuesday, April 10, 2007
By BARRY HORN / The Dallas Morning News
bhorn@dallasnews.com
After a lawsuit alleged that he assaulted a contractor hired to install a fountain at his Plano home, former Cowboys star Michael Irvin on Tuesday filed suit against the contractor and his attorney, claiming, among other things, extortion, duress and slander.
Mr. Irvin's lawsuit was filed in Dallas County in response to a lawsuit filed Monday in Denton County alleging that the newly elected Pro Football Hall of Famer assaulted the contractor in December in a dispute over payment for the construction.
"This is about blackmail," Mr. Irvin told The Dallas Morning News.
According to an incident report filed by Plano police, the contractor, Shawn Vandergrift, who was 44 at the time, said Mr. Irvin assaulted him with his hands and feet Dec. 1. Mr. Vandergrift reported it to police five days later. After a subsequent investigation was completed a week later, police declined to press charges against Mr. Irvin.
Mr. Irvin's lawsuit claims that Mr. Vandergrift, along with his attorney, Dominick Marsala of Denton, asked for $175,000 for "alleged injury, and then demanded as little as $55,000 when challenged."
"We believe their suit is baseless and cannot support any claims," said Lawrence Friedman, Mr. Irvin's attorney. "They are trying to get money under false pretenses. ... It is the proverbial shakedown."
Mr. Vandergrift, who could not be reached for comment Tuesday, is suing for medical expenses, pain and suffering as well as punitive damages.
"We'll leave the amount up to the jury," Mr. Marsala said.
Mr. Irvin's lawsuit doesn't specify a monetary amount for damages. He said he never touched Mr. Vandergrift.
Mr. Marsala said his client has passed a lie detector test that backs his accusation.
After Mr. Vandergrift's suit was reported in Tuesday's Dallas Morning News as well as on the newspaper's Web site, Mr. Irvin heard it mentioned on KTCK-AM (1310). He called the radio station to rebut the allegations on the air.
He later told The News that he believed prior indiscretions make him a target for frivolous charges.
"I truly understand this is a residual of my history," he said. "I can't do anything about it."
Lawyer: Contractor's claim of assault is 'the proverbial shakedown'
11:12 PM CDT on Tuesday, April 10, 2007
By BARRY HORN / The Dallas Morning News
bhorn@dallasnews.com
After a lawsuit alleged that he assaulted a contractor hired to install a fountain at his Plano home, former Cowboys star Michael Irvin on Tuesday filed suit against the contractor and his attorney, claiming, among other things, extortion, duress and slander.
Mr. Irvin's lawsuit was filed in Dallas County in response to a lawsuit filed Monday in Denton County alleging that the newly elected Pro Football Hall of Famer assaulted the contractor in December in a dispute over payment for the construction.
"This is about blackmail," Mr. Irvin told The Dallas Morning News.
According to an incident report filed by Plano police, the contractor, Shawn Vandergrift, who was 44 at the time, said Mr. Irvin assaulted him with his hands and feet Dec. 1. Mr. Vandergrift reported it to police five days later. After a subsequent investigation was completed a week later, police declined to press charges against Mr. Irvin.
Mr. Irvin's lawsuit claims that Mr. Vandergrift, along with his attorney, Dominick Marsala of Denton, asked for $175,000 for "alleged injury, and then demanded as little as $55,000 when challenged."
"We believe their suit is baseless and cannot support any claims," said Lawrence Friedman, Mr. Irvin's attorney. "They are trying to get money under false pretenses. ... It is the proverbial shakedown."
Mr. Vandergrift, who could not be reached for comment Tuesday, is suing for medical expenses, pain and suffering as well as punitive damages.
"We'll leave the amount up to the jury," Mr. Marsala said.
Mr. Irvin's lawsuit doesn't specify a monetary amount for damages. He said he never touched Mr. Vandergrift.
Mr. Marsala said his client has passed a lie detector test that backs his accusation.
After Mr. Vandergrift's suit was reported in Tuesday's Dallas Morning News as well as on the newspaper's Web site, Mr. Irvin heard it mentioned on KTCK-AM (1310). He called the radio station to rebut the allegations on the air.
He later told The News that he believed prior indiscretions make him a target for frivolous charges.
"I truly understand this is a residual of my history," he said. "I can't do anything about it."