STARKVILLE — Forrest Moore”s lawsuit against Mississippi State baseball coach John Cohen took another turn Thursday after an affidavit by another former player that backed Moore”s claims in the initial complaint was filed in Oktibbeha County Circuit Court.
Former MSU player Mark Goforth, who played for Cohen and with Moore in 2009, claims Cohen violated NCAA rules by requiring players to practice as much as 40 hours a week on some occasions in the season and in the offseason. NCAA regulations allow teams to practice 20 hours per week in season and eight in the offseason.
“We were required to practice and/or participate in weightlifting and running seven days per week during the fall of 2008 and the spring of 2009,” Goforth said in the affidavit. “During the fall of 2008 we practiced 40-45 hours per week. The same practice schedule existed in the spring 2009 except for games where practice time was shortened.”
Goforth alleges Cohen never gave the players a day off, which was scheduled to be Mondays. He claims players still lifted and took batting practice on those days.
The affidavit was filed Thursday by Moore”s attorney J. Douglas Foster in response to Cohen”s motion to dismiss Moore”s suit filed two weeks ago. Cohen claims he isn”t liable for damages under the Mississippi Tort Claims Act for university employees, which provides immunity to state employees over “acts or omissions occurring within the course and scope of the employee”s duties.”
Moore”s initial complaint, filed in May, claims Cohen”s practice methods and negligence regarding an elbow injury limited his chances of pursuing a career as a professional baseball player. The Florida Marlins drafted Moore in the 38th round of the 2010 Major League Baseball First-Year Player draft.
“It is believed that Cohen knew he was requiring excessive practice as evidenced by the fact he refused to allow (Moore) and other ballplayers to complete the required forms indicating the amount of practice time in which the players engaged,” Foster said in the motion filed Thursday.
The motion to dismiss also counters Cohen”s claim of protection under the Mississippi Tort Claims Act by stating Cohen”s actions are malice-based and “outside the scope of employment.”
Moore is seeking unspecified damages in the complaint. He claims Cohen and co-defendant, MSU Associate Athletics Director Mike Nemeth, conspired to deny him a medical redshirt and to deny scholarship renewal following the 2009 season.
MSU, a co-defendant in the suit, filed a motion Thursday to dismiss Moore”s suit, denying Moore”s claims of removing his scholarship without proper notice.
MSU claims Moore hasn”t provided sufficient evidence it breached its financial aid contract, and he “cannot demonstrate that he was ever removed from financial aid by MSU.”
MSU claims Moore received financial aid during the 2009-10 academic year and the 2010 fall semester.
In MSU”s motion, it admits knowing Moore complained of arm problems in 2009. MSU also acknowledged Moore was taken to the hospital in 2008 for what he claims was a “near death moment” during a extended practice, but it denies any wrongdoing.
In regard to Moore”s pitching elbow, which he claims later required surgery, MSU admits Dr. Rusty Linton reported no ligament damage. Linton reported a muscle strain.
MSU admits Moore later met with surgeon Dr. James Andrews, who performed Moore”s surgery, but denies any wrongdoing.
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