University of Oklahoma or simply Oklahoma?
A man suing Oklahoma State University football coach Mike Gundy because he claims the coach fired him for wearing an Oklahoma shirt to do carpentry work at Gundy’s house now says the coach was mistaken.
Choctaw carpenter Brent Loveland sued the Gundys last month and the couple’s lawyer responded with a motion to have Kristen Gundy removed from the lawsuit. The latest action came Thursday when an attorney for Loveland responded with a request that Mrs. Gundy stay on the suit.
Loveland is suing because he claims he has lost thousands of dollars in wages because the coach fired him from a job when Loveland showed up at the couple’s Stillwater home wearing a shirt that said Oklahoma baseball. In the latest filing, Loveland contends Gundy was wrong about the shirt being in support of the University of Oklahoma.
“(On March 21, 2011), Plaintiff was confronted by Defendant, Michael Gundy, about the shirt he was wearing, which Mr. Gundy mistakenly thought to be apparel promoting Oklahoma University,” the filing states.
No further explanation is given in the suit.
The plaintiff’s lawsuit petition filed last month does not mention Gundy may have misidentified the shirt.
The suit frequently references the rivalry between OU and OSU.
The one-sentence mention of a misidentification is tucked in a response to the Gundys’ motion to remove Kristen Gundy from a lawsuit the carpenter filed last month.
Loveland filed suit against Mike and Kristen Gundy in Payne County District Court.
Loveland’s suit claims Mike Gundy cursed at him and fired him when he showed up to work at the Gundys’ house last spring wearing a gray shirt that read “Oklahoma baseball” in red with a Nike logo.
Loveland says in the original lawsuit that he dressed in the dark to get to Stillwater early and didn’t notice what shirt he had on. Loveland also says he offered to turn the shirt inside out after Gundy complained.
“Mike asked, ‘how dare you come into my house and offend my wife,’” the suit alleges.
When Loveland asked Mike Gundy what he was referring to, Gundy said, “‘that f---ing shirt you have on,’” the suit claims.
Gundy’s attorney Willie Baker has denied the allegations.
Loveland contends he lost at least $30,000 because he turned down other jobs to work on the Gundys’ home.
The Gundys filed a motion Aug. 31 to remove Kristen Gundy from the suit. She was not involved in talks with Loveland, the motion says. Loveland filed a response to the motion Thursday.
He contends Kristen Gundy should be left on the suit because the property involved in the dispute is shared marital property.
Oklahoma court rulings have determined when a woman knows her husband is acting in her best interests for the good of their household, “the wife ratifies his acts and accepts the benefits of (a) contract because the husband was acting as an agent for the wife,” the suit claims. The response cites several findings of Oklahoma courts.
A motion hearing is scheduled for Oct. 20 before Payne County Associate District Judge Stephen Kistler.
Gundy declined to comment on the lawsuit when it was filed last month, saying only that it’s a personal matter.
Loveland’s attorney Edward White said Friday Loveland’s wife bought the shirt in question at a garage sale.
“She buys OU gear, she buys OSU gear, she buys what they have in the garage sale,” White said.
Loveland’s wife buys his work clothes — which go through a lot of wear and abuse in Loveland’s line of work — at garage sales, White said.
But the shirt Loveland wore the day he was fired was not an OU shirt, White said. The gray shirt said Oklahoma baseball in red lettering and had a Nike swoosh.
The OSU-OU rivalry is mentioned in the petition because it exists, White said.
“We live in a world, and the world involves OU and OSU being rivals,” White said.
Asked if the rivalry was a concern of Loveland’s, White said, “Loveland’s concern was doing good quality trim carpentry work and making sure his client is happy in terms of the work he does, and that’s what he was focused on.”