Case 3:16-cv-01209 Document 1 Filed 07/18/16 Page 1 of 214 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT __________________________________________ | JOSEPH M. LAURINAITIS , a.k.a. | Road Warrior Animal, | JIMMY “SUPERFLY” SNUKA , by and through | his guardian, Carole Snuka , | PAUL ORDNDORFF , a.k.a. Mr. Wonderful, | SALAVADOR GUERRERO IV , a.k.a. Chavo | Guerrero, Jr . , | CHAVO GUERRERO, SR ., a.k.a. Chav o Classic, | BRYAN EMMETT CLARK, JR ., a.k.a. Adam | Bomb, | ANTHONY NORRIS, a.k.a. Ahmed Johnson, | JAMES HARRIS , a.k .a. Kamala, | DAVE HEBNER, | EARL HEBNER, | CHRIS PALLIES , a.k.a. King Kong Bundy, | KEN PATERA, | TERRY MICHAEL BRUNK , a.k.a. Sabu, | BARRY DARSOW , a.k.a. Smash, | BILL EADIE a.k.a. A x , | JOHN NORD , a.k.a. The Bezerker, | JONATHAN HUGGER a.k.a. Johnny The Bull, | JAMES BRUNZELL , a.k.a. Jumpin’ Jim , | SUSAN GREEN , a.k.a. Sue Green, | ANGELO MOSCA , a.k.a. King Kong M osca , | JAMES MANLEY , a.k.a. Jim Powers, | MICHAEL “MIKE” ENOS, | BRUCE “BUTCH” REED , a.k.a. The Natural, | CARLENE B. MOORE - BEGNAUD , a.k.a. J azz , | SYLVAIN GRENIER, | OMAR MIJARES a.k.a. Omar Atlas, | DON LEO HEATON , a.k.a. Don Leo Jonathan, | TROY MARTIN , a.k.a. Shane Douglas, | MARC COPANI , a.k.a. Muhammad Hassan, | MARK CANTERBURY , a.k.a. Henry Godwin, | VICTORIA OTIS , a.k.a. Princess Victoria, | JUDY HARDEE a.k.a. Judy Martin, | MARK JINDRAK, | BERNARD KNIGHTON as Personal | Representative of the Brian Knighton, a.k.a. | Axl Rotten, Estate, | MARTY JANNETTY, | JON HEIDENREICH, | Case 3:16-cv-01209 Document 1 Filed 07/18/16 Page 2 of 214 | TERRY SZOPINSKI , a.k.a. The Warlord, | SIONE HAVEA VAILAHI , a.k.a. The Barbarian, | LARRY OLIVER , a.k.a. The Crippler, | BOBBI BILLIARD, | TIMOTHY SMITH , a.k.a. Rex King, | TRACY SMOTHERS , a.k.a. Freddie Joe Floyd, | MICHAEL R HALAC , a.k.a. Mantaur, | RICK JONES , a.k.a. Black Bart, | KEN JOHNSON , a.k.a. Slick, | GEORGE GRAY , a.k.a. One Man Gang, | FERRIN JESSE BARR , a.k.a. JJ Funk , | LOU MARCONI, | ROD PRICE, | DONALD DRIGGERS, | RODNEY BEGNAUD , a.k.a. Rodney Mack, | RONALD SCOTT HEARD , a.k.a. O utlaw R on | B ass , and | BORIS ZHUKOV, | | Plaintiff s, | | v. | Case No. | WORLD WRESTLING | ENTERTAINMENT, INC., and | VINCENT K. MCMAHON, Individually and as | The Trustee of the Vincent K. McMahon | Irrevocable Trust U/T/A dtd. June 24, 2004, as the | Trustee of the Vincent K. McMahon 2008 | Irrevocable Trust U/T/A dtd. December 23, 2008, | And as Special Trustee of the Vincent K. McMahon | 2013 Irrev. Trust U/A dtd. December 5, 2013, and | as Trustee of Certain Other Unnamed McMahon | Family Trust, and as Controlling Shareholders of | WWE, | | Defendants. | __________________________________________| PLAINTIFF S’ COMPLAINT The Plaint iff s, by and through undersigned counsel, bring this Complaint against the Defendant, World Wrestling Entertainment, Inc. (“WWE”) and Vincent K. McMahon (“VKM”), 2 Case 3:16-cv-01209 Document 1 Filed 07/18/16 Page 3 of 214 Individually, and as Trustee of the Vincent K. McMahon Irrevocable Trust U/T/A dtd. June 24, 2 004, as Trustee of the Vincent K. McMahon 2008 Irrevocable Trust U/T/A dtd. December 23, 2008, and as Special Trustee of the Vincent K. McMahon 2013 Irrev. Trust U/A dtd. December 5, 2013, and as Trustee of Certain Other Unnamed McMahon Family Trusts, and as Controlling Shareholders of WWE , and allege, upon facts and information and belief, except for the allegations concerning Plaintiff s ’ own actions, as follows. Please note that although the Complaint is divided into Counts as suggested by the Federal Rul es, each and every paragraph alleged in each and every C ount is intended to be taken as alleged in, and incorporated by reference , in every C ount. INTRODUCTION 1. This case involves retired professional wrestlers and perfo r mers who sustained long term neurological injuries during their tenure with WWE. 2. These injuries involve a neurological disease and ongoing disease process called Chronic Traumatic Encephalopathy (CTE) as well as the effects of Traumatic Br ain Injuries (TBI) that occur as a consequence of repetitive head trauma sustained by the Plaintiffs as professional wrestlers in matches sponsored, controlled and created by WWE. 3. The wrestling moves that involve the occupational head trauma that causes CTE and associated disease s from the accumulated effects of TBIs are the result of wrestling moves and maneuvers that were performed “correctly” by the Plaintiffs . In other words, the head trauma that has resulted in injury is the accumulated effect of many impacts to the Plaintiffs’ heads that occurred on a regular, routine basis during their WWE career. 4. The occupational head trauma sustained by the Plaintiffs is also a consequence of more serious concussions, as well as frequent sub - concussive head injuries, which occur red in the ordinary course of ea ch of the N amed Plaintiff s ’ WWE tenure. 3 Case 3:16-cv-01209 Document 1 Filed 07/18/16 Page 4 of 214 5. As alleged herein , the WWE routinely failed to care for the N amed Plaintiffs’ repetitive head injuries during their career in any medically competent or meaningful manner that complied with any known published contact sports return to play guidelines at the time the injuries occurred . 6. As such e ach of the N amed Plaintiffs as a WWE performer sustained neurological injuries by simply participating in WWE matches. 7. WWE wrestling matches , unlike other contact sports , involve very specific moves that are scripted, controlled, directed and choreographed by WWE. As s uch the moves that resulted in N amed Plaintiff s ’ head injuries were the direct result of the WWE ’s actions . 8. The WWE owes a legal duty to the each one of Plai ntiff s for reasons set forth i n the C omplaint below including but not limited to: the WWE ’ s superior knowledge of medical science of head trauma in athletes ; WWE ’ s paid sponsorship of medical studies of CTE with the Concussion Legacy Foundation ; WWE ’ s coll ection of information about retired wrestlers including the provision of medical information, outreach, letters, care and treatment to hundreds of drug addicted former wrestlers whose symptoms derive from CTE; WWE ’ s ongoing relationship with the wrestlers in broadcasting the ir violent matches in which they sustained head trauma , with WWE in many cases paying the Plaintiffs ongoing royalty payments ; WWE’s tight scripting, control and direction of the Plaintiff s as wrestlers /referees or managers moves and man euvers ; WWE’s provision of doctors , trainers and producers at matches to observe and care for them ; WWE’s legal duties from an employer - employee relationship with the named Plaintiffs and the WWE has a duty to speak to named Plaintiff s about their neurolog ical damage, risks and likely medical conditions given WWE’s near total control and influence over professional wrestling in the United States. 4 Case 3:16-cv-01209 Document 1 Filed 07/18/16 Page 5 of 214 9. Continuing into 2016 the WWE has fraudulent ly misrepresent ed and conceal ed from the Plaintiffs the nature, extent of th e occupational long - term neurological injuries t hat are present in each of the N amed Plaintiffs as a consequence of their wrestling careers. Some of this activity specifically includes: WWE’s public statements questioning the CTE diagnoses in the Benoit and Mart in deaths; WWE’s large financial contributions to the Concussion Legacy Foundation, which has ignored any study, care or treatment plan of the named Plaintiffs ; WWE’s ongoing drug and alcohol programs that directly target retired wrestle rs with neurological diseases caused by wrestling , which WWE characterizes as “humanitarian gestures” have delayed and prevented the Plaintiff s from obtain ing diagnosis, treatment, and information necessary to prevent additional and ongoing harm. 10. Each of the N amed Plaintiffs relied upon WWE and the Chairperson Vincent K. McMahon (“VKM”), directly or through WWE furnished staff to inform them of their occupational injuries, to instruct them how to properly treat their injuries, and to provide them with the federal and state rights they are entitled to by law . 11. Yet, instead of upholding its d uty to its employees, WWE placed corporate gain over its wrestlers’ health, safety, and financial security, choosing to leave the Plaintiff s severely injured and with no recourse to treat their damaged minds and bodies. 1 WWE refused to provide health insurance to its employees, employee benefits, and payments to Social Security. 12. E vidence linking repetitive head injuries and TBI to long - term neurological problems in contac t sports athletes has been known for decades and recently CTE has been at the center of health crisis in volving NFL players . W WE, the largest wrestling entertainment company in the United States, in which head injuries and TBI are a regular occurrence, was awa re of the 1 Each of the Named Plaintiff s will attest to WWE performances where they received head injuries, the long term effects and implications of which are still being observed today. 5 Case 3:16-cv-01209 Document 1 Filed 07/18/16 Page 6 of 214 evidence that wrestlers suffered the long term effects of these injuries since its inception . Even into 2016 the WWE is failing to warn or take any steps to help retired wrestlers with head injury issues. 13. WWE has d eliberately ignored and actively concealed from the N amed Plaintiffs , medically important and possibly lifesaving information about specific neurological conditions like CTE that afflict wrestlers and contact sports athletes with similar clinical histories of head trauma .