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Noting that Haynes has brought his lawsuit 26 years after he last worked for the company and noted the suit is "time -barred and substantively deficient." WWE's motion noted that according to Oregon law, Haynes had a time limit to file a lawsuit and failed to do so and that they themselves informed his attorney of that - which led to a new, amended pleading being filed, now including a medical malpractice claim, which, according to WWE's response, would also be time-barred.
WWE's response also noted that while Haynes has made accusations that he suffered 15 concussions while working for WWF in the 1980s, that language was changed to an "unspecified amount" of concussions, noting that Haynes' filing "does not squarely allege the number of concussions he sustained during his stint with WWE, if any."
The filing also takes aim at Haynes' claim that WWE hid the potential of CTE from him, noting that there were no known cases of CTE diagnosed in professional wrestlers until the "well publicized death of Chris Benoit in 2007" and notes:
"The thrust of Haynes’ lawsuit is that WWE concealed from him, in ways never explained, the medical science regarding the risks of repetitive head trauma which he at the same time admits have long been known. Haynes offers no explanation for the staleness of his claim. He pleads no diligence on his part for the last two and one -half decades. Instead, Haynes makes the conclusory allegation that his injuries were not detectable until manifestation and that he was unable to discover his injuries until being diagnosed. Haynes does not allege when he was diagnosed with depression or dementia, or even that he has been so diagnosed. He does not plead the date he finally discovered his injuries or his claims. Realizing the staleness of his lawsuit, Haynes offers one conclusory sentence seeking to estop WWE from invoking obviously applicable limitations– that WWE “knew that the Plaintiff and Class were suffering concussions during and prior to their careers and concealed that materials [sic] information from Plaintiff and all WWE wrestlers."
WWE's response broke down Haynes' seven claims against the company, alleging that WWE "and its employees never “advised [Haynes] to seek treatment” and “discouraged Haynes from seeking appropriate outside medical care,” and as well as alleging WWE never warned him about the admittedly known risks of sustaining numerous blows to the head" should be dismissed as after two years.
Noting that it was well known at the time of his employment that repeated blows to the head could cause damage, WWE also noted that the time for filing such claims in Oregon should be dismissed, that the company and Haynes were never in a medical doctor-patient relationship, and that Haynes never cites a case beyond vague allegations. They also stated that Haynes' claim that WWE should set up medical monitoring be thrown out because it's not a "cause of action" in Oregon.
WWE also requested that should the lawsuit not be dismissed, they request that the lawsuit be moved to the United States District of Connecticut as none of Haynes' claims against them are based in Oregon and that beyond Haynes living in Oregon, Oregon has little "substanstive connection" with their dispute, that the company is headquartered in CT and that WWE contracts designate that any issues be resolved in CT.
There will be a hearing on 6/30 at 9:30 AM to discuss the WWE's motion to dismiss as well as a potential change in venue to the United States District Court of Connecticut.
Haynes filed his lawsuit against WWE this past January. At the time, WWE issued the following statement to PWInsider.com:
"Billy Jack Haynes performed for WWE from 1986-1988. His filed lawsuit alleges that WWE concealed medical information and evidence on concussions during that time, which is impossible since the condition now called chronic traumatic encephalopathy (CTE) had not even been discovered.
WWE was well ahead of sports organizations in implementing concussion management procedures and policies as a precautionary measure as the science and research on this issue emerged.
Current WWE procedures include ImPACT testing for brain function, annual educational seminars and the strict prohibition of deliberate and direct shots to the head.
Additionally, WWE has committed significant funding for concussion research conducted by the Sports Legacy Institute (SLI), leaders in concussion research, and WWE Executive Vice President Paul Levesque sits on SLI's board."
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