If there’s one item in the latest “papers served” scenario between FRAM
Top Fuel driver Cory McClenathan and Scott Griffin Motorsports the
parties agree on, is that nothing has been filed in a civil court and
no legal action has been taken to resolve a dispute dating back to last
season.
McClenathan was the driver for the Carrier Brothers, Mark and Andy, who announced the sale of the team to Griffin in May 2007.
McClenathan remained with Griffin until late July when he left in order
to lease a Top Fuel operation from Don Schumacher Racing, his current
employer and the one who assumed the contract with Honeywell, FRAM’s
parent company.
Recently several popular drag racing message boards were suddenly abuzz
with discussion that Griffin had sued his former driver and served
papers during the NHRA FRAM-Autolite Nationals last July in Sonoma, Ca.
Cory McClenathan remained with Scott Griffin Motorsports until late July when he left in order to lease a Top Fuel operation from Don Schumacher Racing, his current employer and the one who assumed the contract with Honeywell, FRAM’s parent company. (jon Asher)
If there’s one item in the latest “papers served” scenario between FRAM Top Fuel driver Cory McClenathan and Scott Griffin Motorsports the parties agree on, is that nothing has been filed in a civil court and no legal action has been taken to resolve a dispute dating back to last season.
McClenathan was the driver for the Carrier Brothers, Mark and Andy, who announced the sale of the team to Griffin in May 2007.
McClenathan remained with Griffin until late July when he left in order to lease a Top Fuel operation from Don Schumacher Racing, his current employer and the one who assumed the contract with Honeywell, FRAM’s parent company.
Recently several popular drag racing message boards were suddenly abuzz with discussion that Griffin had sued his former driver and served papers during the NHRA FRAM-Autolite Nationals last July in Sonoma, Ca.
“No lawsuit has been filed, I’ve only written a letter to Cory,” said Clay Collier, counsel to Scott Griffin.
CompetitionPlus.com initially contacted Griffin but he chose to allow Collier to speak in his stead. He’s a partner in the Wilmington, N.C.-based Crossley, McIntosh, Collier, Hanley and Edes law firm.
“We tried to put in the letter that Cory is bound by a contract as the driver for Scott’s team,” said Collier. “Cory left and our position is that was a breach of contract.”
McClenathan strongly disagreed with the assessment, and on more than one occasion described the enforcement of this contract as slavery.
“Last I heard, slavery is against the law,” McClenathan said. “You can’t own people.”
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McClenathan left the team in a haze of controversy with allegations of unpaid vendors and invoices paid with checks drawn from insufficient funds directly related to Scott Griffin Motorsports.
Several sponsors, of which McClenathan said he never received funds from personally, elected to follow him to his new team.
McClenathan debuted his lease operation at the NHRA Lucas Oil Nationals in Brainerd, Minn., one race after notifying Griffin he was leaving the team. Griffin also showed at the race, according to McClenathan with a crew bearing limited experience and a driver with less than ten races worth of experience.
NHRA officials reportedly told the team they could not compete at the event after taking inventory of the situation.
Collier said his client was trying to fulfill his end of the contract.
So what exactly is Griffin seeking from McClenathan – to come back and drive?
“No, as the result of what happened, with Cory leaving the team and Scott without a driver, the team is no more,” Collier said. “When Scott bought the team from the Carrier Brothers, he fully expected Cory to be part of the team. Cory chose not to be a part of that at some point and time. He’s under contract.
“I have looked briefly at some of the statements that Cory has made in the press over the past week and I think maybe he misunderstands the letter I sent him. Maybe he misunderstands his obligations under the contract.
“If you look at it the way Cory apparently looks at it, it’s like buying the New York Yankees and all you get is the bat and the balls. It just doesn’t work that way. Look at what’s going on with the NFL’s Brett Favre and his situation. He quits and then he wants to play for someone else, but he has a contract with the Packers. It’s the same deal.”
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Scott Griffin, according to attorney Clay Collier, wishes to resolve the issue without entering into legal action. (Roger Richards)
At the end of the 2007 season, the Carriers filed a lawsuit against Griffin and regained possession of the equipment. Collier said the issue with the Carriers has been resolved.
“We resolved our differences with the Carriers and Scott has suffered tremendous losses as you might imagine because of what happened. He’s not the one who started this and not trying to make a big scene out of everything. We haven’t filed a lawsuit against Cory; we’ve just written a letter to him that said what his obligations were under the contract and how he needed to do the right thing. That’s what we hope will happen.”
The right thing according to Collier appears to be some sort of a monetary settlement.
“I don’t know that there’s any other way to redress what has occurred,” Collier continued. “The race team is gone and all of the assets. It’s kind of disingenuous to say, ‘I will come back and drive for you.”
Collier estimates his clients losses are over one million dollars, yet he declines to note how much is being asked for.
“He’s not asked for any specific amount of money,” Collier added. “He’s asked for Cory’s representatives to contact me, so that we can resolve the issue. That’s the way he would rather precede.
“Scott has not filed any action although I believe he is within his legal right to do so. He’s not filed any action or an injunction to take Cory out of someone else’s car. He has not interfered with anything that Cory has chosen to do. He’s not ignoring it either. I don’t think it’s reasonable to assume he would just ignore what has happened.”
While McClenathan pointed out his departure was based on a meeting in which he alleged Griffin notified both he and sponsor Fram the team was finished, and the driver and crew should seek employment elsewhere, Griffin doesn’t acknowledge this.
“It’s obvious that many of the sponsors Cory enjoys now are sponsors that he had when he was with Scott Griffin Motorsports. That contract binds those sponsors to Scott Griffin just as much as they were part of his [Cory’s] contractual obligation to Scott Griffin Motorsports. The sponsorship money was to go to Scott Griffin Motorsports.
“The contract requires that any money Cory was to win in NHRA or earn through proceeds was to be to the benefit of Scott Griffin Motorsports.”
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Collier said the dispute was resolved with Honeywell and neither Griffin, nor the major sponsor stands in a position to discuss the terms of the settlement.
Collier admitted the timing was bad for the delivery of the letter, which sources indicate was via U.P.S. overnight letter, in the days following his grandmother’s funeral. He said they were unaware of the situation.
“No one filed a lawsuit against Cory McClenathan while he was at his grandmother’s funeral,” said Collier. “That’s not true and it’s not fair. Clearly the two of them, Scott and Cory, had a relationship at one time. Scott would never have done anything to embarrass Cory or to take advantage of him during a difficult time in his personal life. He didn’t know of Cory’s grandmother’s passing and would have certainly extended his condolences in that letter.
“I’m sorry about the timing. It’s regrettable that Cory would think it was.”
McClenathan told CompetitionPlus.com that he was bothered by some of the wording in the letter. He said the accusations were unfounded.
Upon receiving the letter from Collier, he quickly browsed the document and handed off to his attorney.
McClenathan has declined to comment further on the issue currently at the advice of his legal counsel.
