Gathers Case Becoming More Unsettled : Aftermath: Sides disagree on whether there is a settlement.

The latest events in the multimillion-dollar lawsuit surrounding the death of former Loyola Marymount University basketball star Hank Gathers added more confusion to the case Thursday, when the attorney for the Gathers family claimed Loyola reneged on a settlement he considered a done deal.

In a news conference at his Beverly Hills office, Bruce Fagel said that at a voluntary settlement conference Jan. 14, he struck a verbal agreement with Wayne Boehle, the attorney for the school, to settle the case.

In turn, Fagel would dismiss all the defendants from liability, including Paul Westhead, Gathers’ former coach and one of 12 defendants remaining in the case.

But the day after the settlement, Fagel said Boehle called him and said the deal was off and was apparently contingent on Fagel’s clients agreeing to terms and conditions dictated by Westhead’s personal attorney, Richie Phillips of Philadelphia.

Fagel said one of the conditions was for Lucille Gathers to publicly apologize to Westhead for suing him. If she didn’t, then Fagel said Phillips intended to sue Lucille for defamation based on certain statements she has made.

As a result, Fagel filed a motion Thursday in L.A. County Superior Court in Torrance asking that a judge decide whether or not a settlement has been reached. The motion will be heard Feb. 6.

Boehle could not be reached Thursday night but had said Tuesday that while settlement discussions were ongoing, no deal had been reached. Of the settlement talks, he only said that the plaintiffs demands were moving downward.

Phillips has maintained throughout that Westhead would not settle or allow anyone to settle on his behalf. Phillips has said that Westhead wants vindication in court, either through a jury verdict, a court dismissal, or by a dismissal by the plaintiffs before and not contingent on a settlement with Loyola. Fagel would not disclose the amount the Gathers family thought they settled for. However, sources close to the case believe the Gathers’ family agreed to an amount between $500,000 and $1 million, far less than the $32.5 million the Gathers originally sued for.

On Thursday, Boehle, who also represents Westhead, filed a motion for summary judgment written by Phillips that contends there is no evidence of liability against Westhead in Gathers’ death, and asks the court to dismiss Westhead from the case. That motion will be heard Feb. 20.

The alleged settlement is apart from the other suit brought on behalf of Gathers’ estate and 8-year-old son, Aaron Crump. Attorneys for the estate would make no comment Thursday, but a source said the estate is unhappy with the school’s recent offer.

Gathers collapsed March 4, 1990 and later died of a heart disorder.