April 10, 2006 (WLS) -- Injured pitcher Mark Prior hasn't appeared in a game for the Cubs yet this year. But he did appear Monday in a Will County courtroom. He testified in a breach of contract lawsuit filed against him by a sports souvenir shop in Naperville.
"It was unfortunate that it had come to this. I'm satisfied with the fact I was able to tell my side of the story," Prior said Monday.
The pitcher, along with New Jersey-based promoter Upper Class Collectibles LLC, are now being sued. Naperville store owners claim Prior failed to honor a contract obligating him to a June 3, 2004 autograph session to benefit charity.
The owners of the store, Just Ducky Too, claim they paid Prior tens of thousands of dollars for a three-hour session. They say Prior not only left an hour early but also signed only 196 of the 300 memorabilia items. Owners are seeking more than $50,000 in damages.
"He admitted pursuant to the contract he was supposed to sign 1,000 stadiums. He has not done that," said Chuck Bretz, plaintiff's attorney.
Prior denied behaving rudely and making a statement after posing with a girl in a wheelchair, "I can't believe I have to do this." Prior's attorney says not only did just Ducky Too lie to his client but falsely advertised the event.
"I think Mark was put in the middle of something he shouldn't have been in, and he's taken the brunt of the blame in the press for what happened when in fact he did his best to make things right," said Jack Schriver, Prior's attorney.
The suit alleges Prior agreed to sign 1 is,000 Wrigley Field stadium figurines but only penned 386.
"Again, I apologize to them. I wish this never did happen," said Prior.
Upper Class Collectables has filed a countersuit against store owners saying they haven't paid them what they are owed.
Meantime, testimony will continue Tuesday. Then the court will recess until the April 25.
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