THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Sunday, November 19, 1995 TAG: 9511190471
SECTION: SPORTS PAGE: C12 EDITION: FINAL
SOURCE: BY BOB ZELLER, STAFF WRITER
DATELINE: MOORESVILLE, N.C. LENGTH: Medium: 88 lines
Although the 1996 NASCAR Winston Cup season is over, a battle is still raging in the form of a legal dispute between Ricky Rudd, car owner Felix Sabates and Rudd's former team engineer, Dave Charpentier, who wants to work for Sabates.
A hearing has been set for Tuesday in Iredell County Superior Court on Rudd's request for a preliminary injunction to prevent Charpentier from working for Sabates or any other Winston Cup team owner.
Although the case will not be tried at this hearing, ``it tends to look at (who has) the likelihood of prevailing,'' said Jim Walsh, one of Rudd's Richmond-based attorneys.
The dispute erupted in October when Charpentier, 37, told Rudd of his plans to leave and join Sabates, who fields cars for driver Kyle Petty. By all accounts, Charpentier had already re-signed with Rudd for 1996.
In late October, Rudd filed suit against Sabates and Charpentier, claiming that Sabates had enticed Charpentier away. Rudd said he had a contract with Charpentier for 1996.
Although his boss was suing him, Charpentier continued to work for Rudd - fulfilling the terms of his 1995 contract - until Rudd sought and obtained a temporary restraining order on Nov. 9 preventing Charpentier from participating in the testing of the new Pontiac Grand Prix at Daytona earlier this month.
Sabates, in turn, found a judge in Mecklenburg County willing to hold an emergency hearing on Nov. 11, the day before the season-ending NAPA 500 at Atlanta Motor Speedway. The judge did not overturn the restraining order but issued his own order requiring Rudd to post a $200,000 bond to put the order into effect.
``I guess the ball is in my court,'' Rudd said a week ago. ``I've got to think about it overnight and make a decision.''
Last Monday, he posted the bond, which is to cover any damages Sabates might incur - if Sabates win the case - because of Charpentier's unavailability due to the restraining order.
The case probably will hinge on whether the agreement Charpentier signed with Rudd for 1996 is a valid, binding contract.
``I don't think anybody can or does dispute the fact that Mr. Charpentier signed a contract for each of those years (1995 and 1996),'' Walsh said. ``We think it's a pretty hard shot to try to show a problem with the (1996) contract.''
Although Charpentier wants to tell his side of the story, he said his attorneys told him to refer questions to them.
``We have no comment,'' said Charlotte attorney Keith Weddington, who represents Charpentier. ``We think it's more appropriate to address the matter in court than in the press.''
Sabates said he doesn't understand why Rudd is going after him.
``I've been in NASCAR racing for 10 years, and as long as I've been here, people have been going from team to team,'' Sabates said. ``They go in circles. I mean, Morgan Shepherd, this is the third time he's going to drive the No. 75 car.''
Sabates said Rudd told him he ``didn't give a damn about Dave Charpentier, he just wanted my money.''
``That's totally false,'' Rudd said.
Rudd's suit contends that Sabates ``solicited and enticed'' Charpentier to breach his contract ``through a variety of means, including offers to pay off debts . . . and guaranteeing loans for him.''
Sabates and Charpentier say that no such offers were ever made and that they never even talked to each other. They said all of Charpentier's discussions were with David Evans, Sabates' new engine builder.
``We just don't understand it,'' said Cindy Charpentier, Dave's wife. ``We've never been sued before. This is the last thing we expected to happen. Dave certainly doesn't want to work for (Rudd) anymore. We're just praying and waiting and hoping for the best.'' ILLUSTRATION: Photo
Ricky Rudd
by CNB