Yankees prevail in gay-bashing suit by clubhouse worker

Posted: Monday December 22, 2003 3:04PM; Updated: Monday December 22, 2003 4:04PM

 

ALBANY, N.Y. (AP) -- The state's highest court on Monday ended a case in which a New York Yankees' clubhouse worker accused the team and some of its players of gay bashing, physical abuse and playing cruel practical jokes.

 

The Court of Appeals declined to hear an appeal sought by Paul Priore, who sued the Yankees in state Supreme Court in the Bronx in 1998 as well as three players, each for $50 million.

 

Priore contended that after he began working for the team as an assistant equipment manager in 1996, several players made anti-gay remarks and played cruel pranks on him because of his sexual orientation. He also claimed he was fired in August 1997 because he was HIV-positive.

 

"I'm shocked," said Priore's attorney, Edward J. Pavia Jr. He said the Yankees knew of the harassment, contrary to the appellate division's finding. Pavia also said that even if the club didn't know, the players should have faced the lawsuit separately as violating the city human-rights laws.

 

Pavia said he will examine whether he could pursue the case in federal courts.

 

Priore made $30 a day as a clubhouse worker, according to court papers.

 

His suit named the Yankees, relief pitchers Mariano Rivera and Jeff Nelson and former reliever Bob Wickman as defendants. Wickman is now with the Cleveland Indians.

 

In May, the state Supreme Court's Appellate Division unanimously reversed a lower court ruling that let most of Priore's claims survive for trial.

 

The court Monday gave no reason for deciding not to hear Priore's appeal.

 

The Yankees had said Priore was fired largely because they believed he stole players' worn T-shirts, baseballs and broken bats that were to be thrown away. The Appellate Division record states Priore was accused of taking 100 uniforms, broken bats and three dozen new baseballs for autographing.

 

The Appellate Division had ruled there was no evidence that team officials knew that Priore had the AIDS virus. Even the team dentist that had treated Priore didn't know he was HIV positive and Priore never complained to management about any harassment, the court stated.

 

State law doesn't hold employers liable for bias by employees who act without the knowledge or consent of the employer.

 

There was no immediate comment from Priore's lawyer

Gay bashing is not right, but 50,000,000 dollars? People have done s***ty things to me in my life, but I would never ask for that sort of money. That's stealing with a pen instead of a gun.