Update On Concussion Lawsuits Against WWE

PWInsider has more details about the pending concussion lawsuits against the WWE. Many of the lawsuits have been dismissed, after initially being filed for the WWE’s failure to provide information and care for talents as it relates to concussion-related issues and CTE. Some of the dismissals are being appealed.

The only two lawsuits that haven’t been dismissed, at this time, are from Vito LoGrasso and Evan Singleton. Many of the claims were dismissed for the same reason as the other lawsuits, but several claims have been allowed to move forward. This includes their claim that in 2005, WWE “became aware of and failed to disclose to its wrestlers information concerning a link between repeated head trauma and permanent degenerative neurological conditions.” After that, WWE created the Wellness Policy. Since LoGrasso and Singleton wrestled during that time, the court decided there was a chance that WWE had “greater knowledge” of the danger through information they received through Wellness Policy data.

WWE has argued that LoGrasso never reported a head injury and was never diagnosed with a concussion. They said he also couldn’t name a date or place where he complained about a problem but was medically cleared “without adequate rest”. Meanwhile, Singleton was forced to attend a talk about the dangers of concussions by Dr. Joseph Maroon and was never cleared to return by WWE medical personnel after he was injured.

Several depositions have already happened, including Vince McMahon and Triple H. A deposition of concussion expert Chris Nowinski has been a sticking point between both sides. The court originally said there was no reason to include Nowinski, but lawyers for the plaintiffs said they should reconsider. At the time, there was a Boston Globe article that said he was “too close” to WWE since they gave money to his Concussion Legacy Foundation.

On June 28, Judge Vanessa L. Bryant made a final ruling on the matter. She stated: “Plaintiff has not identified any facts or controlling decisions that the Court overlooked when the Court found that Plaintiff had not demonstrated that the prior discovery deadline could not be met despite the due diligence of counsel, as required by Local Rule 7(b), for the extension of Court deadlines. Moreover, Plaintiffs have not identified facts, beyond mere speculation, that Nowinski has knowledge concerning WWE’s own knowledge or lack thereof that is relevant to the Court’s discovery Order. If Nowinski indeed undertook research and published a book and made public statements concerning head injuries, such facts are publicly available for plaintiff to use in building a case to the extent such facts are relevant to the surviving claim. Plaintiff, however, has offered no facts to suggest that Nowinski’s work with “Smackdown Your Vote” during the time period in which he researched and authored the book provides him with any knowledge relevant to the discovery Order, let alone knowledge that necessitates both reopening the discovery period and compelling the appearance of a third party witness.”

Long story short, Nowinski will not be deposed. Meanwhile lawsuits from Billy Jack Hayes, Russ McCullough, Luther Reigns and Ryan Sakoda are being appealed after being dismissed. Lawsuits from the estates of Matt Osbourne and Nelson Frazier Jr. are still pending.