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141001

IN THE lOW A DISTRICT COURT IN AND FOR BLACK HAWK COUNTY

BRAD PENRITH, )

)

Plaintiff )

)

vs. )

)

TROY DANNEN and the )

UNIVERSITY OF NORTHERN IOWA )

) )

Defendants. )

PETITION AND JURY DEMAND

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3);-·1 COMES NOW the Plaintiff, Brad Penrith, by and through his counsel of record, The

Jones Law Finn, and for his cause of action against Defendants states as follows:

1. Plaintiff Brad Penrith is an individual, and all times material hereto, has been a resident of Black Hawk County, Iowa.

2. Defendant, Troy Dannen, is an individual employed as the Director of Athletics at the University ofNorthem Iowa in Cedar Falls, Iowa.

3. The University of Northem Iowa ("University") is a public institution administered by the Iowa Board of Regents.

4. On or about 1997, Plaintiffbegan his employment with Defendant University as Assistant Wrestling Coach.

S. On or about June 21,2000, Plaintiffs employment with Defendant University was modified, and he became the Head Wrestling Coach.

6. Plaintiff was continuously employed as the Head Wrestling Coach for Defendant University until April 7, 2010.

7. On or about April l, 2009, Defendant Dannen presented Plaintiff a document extending Plaintiff's employment as Head Wrestling Coach with Defendant University. This

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document is a contract titled University of Northern Iowa Contract of Employment, Appointment of Coach.

8. At the time the Appointment of Coach document was presented to Plaintiff Defendant Dannen explained the document and made certain assurances, statements, and promises regarding that specific document.

9. Plaintiffwas assured by Defendant Dannen that this contract was to extend Plaintiff's employment for three additional years.

10. This new employment contract was very similar ifnot the same as Plaintiff's previous employment contract except for the addition of a new paragraph 11.

11. Paragraph 11 of this contract contained a provision allowing Defendant Dannen and Defendant University the ability to unilaterally terminate Plaintiff at any time for any reason. This provision also states that if Plaintiff was terminated prior to March 31, 2010, the payout he was to receive on the contract was $100,000. If Plaintiff was terminated after April I, 2010, he would receive no payout on the contract.

12. Plaintiff specificall y asked Defendant Dannen about the new paragraph II, and Defendant Dannen stated that this paragraph was being added to all coaching employment contracts for Defendant University.

13, Defendant Dannen also stated that paragraph 11 was for Plaintiffs protection as well as the protection of Defendant University.

14. When further explaining Paragraph 11 to Plaintiff, Defendant Dannen promised and assured Plaintiff that Defendant Dannen and Defendant University would not enforce this provision/paragraph of the contract. Defendant Dannen knew Plaintiff relied upon Defendant's representation in agreeing to sign the subject contract.

15. Plaintiff was induced to sign the presented employment contract based on the contemporaneous explanations, assurances, and promises of Defendant Dannen.

16. After the contract was signed, Plaintiff acted in accordance with the contract and proceeded to fulfill his responsibilities under the employment contract.

17. Plaintiff met with Defendant Dannen on April 7, 2010, and was told he was terminated effective immediately.

18. Plaintiff was given a termination letter on April 8, 2010, which was dated April 7, 2010, and signed by Defendant Dannen.

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19. The termination letter dated April 7,2010, stated that Plaintiff was being terminated under paragraph 11 of the employment contract.

COUNT I- Breach ofContract/Promissory Estoppel

20. Plaintiff hereby incorporates by reference the allegations set forth in paragraphs 1 through 19 above as if fully set forth herein.

21. When asked by Plaintiff about the provisions of the new paragraph 11 of the contract which allowed ternrination without cause after April l , 2010, Defendant Dannen affirmatively stated to Plaintiff that the clause was a standard clause being inserted into all coaching contracts and that neither he or Defendant University would seek to utilize the provisions of paragraph 11. Defendant Dannen affirmatively stated the contract was a 3 year contract.

22. Defendant Dannen was fully aware that Plaintiff relied upon Defendant Dannen's representations and promises in agreeing to sign the contract with the inclusion of paragraph 11 and that without such assurances and promises, Plaintiff would not have signed the subject contract.

23. Based on the assurances and promises that the contract was for a 3 year term, Plaintiff acted in accordance with those assurances in deciding to redsbirt certain student athletes and in how he managed the wrestling program for Defendant University, and such actions were to the substantial detriment of Plaintiff.

24. The injustice which occurred as the result of Defendants' actions can only be avoided by the enforcement of the agreement that the contract was for a 3 year term and the reinstatement of Plaintiff as Head Wrestling Coach for the University of Northem Iowa.

WHEREFORE, for the reasons set forth above, Plaintiff; Brad Penrith prays the Court to order Defendants to reinstate him to the position of Head Wrestling Coach and for such other relief as the Court deems just and proper.

COUNT II-Fraudulent Inducement

25. Plaintiffhereby incorporates by reference the allegations set forth in paragraphs 1 through 24 above as if fully set forth herein.

26. When asked by Plaintiff about the provisions of the new paragraph 11 of the contract which allowed termination without cause after April 1, 2010, Defendant Dannen affirmatively

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stated to Plaintiff that the clause was a standard clause being inserted into all coaching contracts and that neither he or Defendant University would seek to utilize the provisions of paragraph 11. Defendant Dannen affirmatively stated the contract was a 3 year contract.

27. At the time Defendant Dannen made representations to Plaintiff, Defendant Dannen knew the representations were false.

28. The representation made to Plaintiffby Defendant Dannen was a material fact in Plaintiff's consent to, and signing of, the subject contract.

29. Defendant Dannen made the representation with the intent for Plaintiff to rely upon such representation even though Defendant Dannen knew the representation to be false.

30. These representations were made with a willful and wanton disregard for the rights or of Plaintiff.

31. Defendant Dannen's conduct was specifically directed at Plaintiff.

32. Plaintiff, in full reliance upon the representation of Defendant Dannen that the provisions of the new paragraph 11 were standard and would not be enforced or utilized, signed the subject contract.

33. Prior to April 1, 2010, Defendants decided to terminate Plaintiff as the Head Wrestling Coach of the University of Northern Iowa but waited to take such action until after April 2, 2010 solely to avoid the buyout provision contained within the contract.

34. As the direct result of Defendants' actions, Plaintiff was fraudulently induced into signing the subject contract. and was subsequently damaged in the amount of $ 100,000.00.

WHEREFORE, for the reasons set forth above, Plaintiff Brad Penrith, prays for judgment in his favor to be awarded against Defendants in the amount 0[$100,000.00, plus attorney's fees, costs and for such other relief as the Court deems just and proper. Plaintiff also prays for a judgment against Defendants for punitive damages in an amount sufficient to punish their wrong doing and discourage others from similar misconduct, and for such other relief as the Court deems just and proper.

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JURy DEMAND

Plaintiffhereby requests a jury trial on all matters pursuant to Iowa Ru1es of Civil Procedure

1.902 and 1.903.

Respectfully submitted)

THE JONES LAW FIRM 721 W. 15t Street

Cedar Falls, Iowa 50613 319-266-3556

ATIORNEYS FOR PLAINTIFF

#AT0003971

#AT00050n

Original: Filed

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