CBS WHP TV-21 Reports On Court Denying Penn State Motion To Stay McQueary Case
Posted Scott B. Cooper on Dec 21, 2012 in News
Posted on Dec 21, 2012
Kirk Wilson of Harrisburg's CBS WHP TV-21 reported last night on the decision of a Centre County trial judge denying Penn State's Motion to stay a defamation/whistleblower case filed against if by Mike McQueary. Below is Kirk Wilson's report. Schmidt Kramer Injury Lawyer Scott Cooper also commented.
A Centre County judge has told Penn State University to prepare to go to trial in a civil case brought by former assistant football coach Mike McQueary, claiming he was wrongfully fired by the university. Judge Thomas Gavin Thursday denied PSU’s request for a delay until criminal charges related to the Sandusky child sexual abuse scandal are resolved.
Mike McQueary testified that he told coach Joe Paterno about sexual abuse he witnessed Jerry Sandusky performing on a child in February 2001. Sandusky was ultimately convicted of multiple sexual offenses this summer and two weeks later McQueary was fired.
In October, McQueary filed his lawsuit against the university, pursuing a whistleblower and defamation case. But Penn State requested a stay until the criminal charges against former administrators Graham Spanier, Tim Curley and Gary Schultz are resolved. But Judge Gavin ruled the criminal charges pose no burden on Penn State.
“Deny the motion to stay, he looked at a whole host of factors including the fact that Shultz and Curley are not named in the suit," commented Scott Cooper of Schmidt Kramer Law Firm. "It is purely Penn State.”
Cooper says McQueary will have to prove the claim that he was wrongly fired.
Basically he’s been wronged in this situation. He’s claiming he has a right to a prompt resolution to this matter to clear his name and that’s what the judge is basically ruling in this is that he has just as much interest in clearing his name as the university may,” continued Cooper.
The judge noted that McQueary will be receiving severance payments until January 2014. But if the case is delayed McQueary could find himself without funds to live and to prosecute his claim