Salyers Lawsuit DISMISSED

[LightningRod]

Case Dismissed

Judge dismisses OSU hoops suit
Tuesday, May 10, 2005
Bruce Hooley
Plain Dealer Reporter

Columbus- The lawsuit which led to the firing of former Ohio State basketball coach Jim O'Brien and prompted OSU to self-impose a one-year postseason tournament ban was dismissed Monday in Franklin County Common Pleas Court.

Judge Alan C. Travis cited an Ohio law which makes verbal contracts un enforceable when entered into for more than one year in dismissing the case filed by Kathleen Salyers against Dan and Kim Roslovic, who employed Salyers as a housekeeper and babysitter.

Salyers had sought approx- imately $350,000 for damages and expenses she incurred housing former OSU player Boban Savovic during his career from 1998-2002. Salyers claimed the Roslovics promised to pay her $1,000 per month, plus expenses, to provide for Savovic after the NCAA ruled he could not live with the Roslovics because of their status as Ohio State athletic boosters.

Travis cited statements in Salyers' deposition that termed her contract with the Roslovics as a four-year agreement, not a month-to-month arrangement that would have been enforceable by law.

It was Salyers' deposition that also disclosed O'Brien's payment of $6,000 to 7-0 Aleks Radojevic, who signed to play at Ohio State, but was ruled ineligible by the NCAA before enrolling.

O'Brien was fired June 8 of last year, six weeks after admitting that payment to then-Ohio State Athletic Director Andy Geiger.

"I'm very disappointed, but not surprised," Salyers said of the case's dismissal.

"I've felt something like this was coming for months, because the judge wouldn't rule on any of our motions."

Salyers' attorney, Jeffrey Lucas, said the dismissal "was not a result I anticipated."

"At this point, we are looking at our options," Lucas said. "An appeal is a strong likelihood."

The dismissal will have little impact on the NCAA's investigation into violations committed by O'Brien and his former assistant Paul Biancardi. Geiger has said that inquiry is nearing completion and will likely not result in additional sanctions that would impact the program Thad Matta now coaches.

OSU is considering forfeiting the two Big Ten co-championships, conference tournament championship and Final Four berth it claimed during Savovic's career to atone for the severity of the violations.

Geiger also has said the NCAA will likely find OSU lacked institutional control over its men's basketball program during O'Brien's tenure. That could bring sanctions upon Biancardi in his current position as the head coach at Wright State.

In his deposition in the Salyers' case, taken April 21, Biancardi said he knew in the summer of 1998 that Savovic went to live with Salyers after the NCAA ruled he could not live with the Roslovics.

Biancardi said Savovic told him Salyers was the Roslovics' housekeeper.

Just before that, notes from a meeting at OSU to review the NCAA ruling barring Savovic from living with the Roslovics show Biancardi was in attendance.

Asked if that gave him concern that Savovic living with Salyers was an NCAA violation, Biancardi said, "No."

The NCAA met with Biancardi in Pittsburgh in mid-April, where its investigators surprised him with his home telephone records during the Savovic era.

Biancardi's OSU phone records from that time show more than 600 calls to New York agent Mark Cornstein and his associate, Semi Pajovic.

In his deposition in the Salyers case on April 21, Biancardi said he "had no reason not to believe" that Pajovic is Savovic's uncle, even though numerous newspapers have reported Pajovic's role as a street agent for Cornstein over the past year.

To reach this Plain Dealer reporter:

bhooley@plaind.com, 216-999-4748

[osugrad21]

Unfortunately, this formality, if I am comprehending correctly, does not change the facts nor the perception of the situation.

[tsteele316]

Originally Posted by osugrad21

Unfortunately, this formality, if I am comprehending correctly, does not change the facts nor the perception of the situation.

that is correct. if the situation plays out as stated in this article, jim obrien can kiss his lawsuit goodbye.

the "lack of institutional control" is a scary term. But the NCAA isnt a big fan of punishing new regimes for the mistakes of their predecessors. osu's proactice approach may have saved them from a bigger penalty.

[BuckeyeNation27]

but andy katz said it was a dumb move

[OSUBasketballJunkie]

You are 100% right Grad.....the dismissal does not change the situation that OSU is in right now. Personally, I just want the NCAA to finish up so OSU can do what it has to do in order to move the program forward.

[BB73]

Geiger also has said the NCAA will likely find OSU lacked institutional control over its men's basketball program during O'Brien's tenure.

Can anybody find the actual quote where Geiger said this? I'm looking for the context and what his own words were.