PWInsider - WWE News, Wrestling News, WWE

 
 

LAWSUIT OVER ALLEGED INJURIES IN WWE DEVELOPMENTAL DISMISSED FOR A THIRD TIME

By Mike Johnson on 2014-03-31 10:33:31

The lawsuit filed against WWE and several other defendants by professional wrestler Brian Jack over injuries he alleged took place in a WWE developmental ring in 2009 was dismissed yet again on 3/27, this time by the U.S. District Court, Middle District of Florida (Tampa) for Jack's failure to serve any of the defendants in a timely manner. The court ruled that the case was dismissed dismissed without prejudice for lack of subject matter jurisdiction

Jack had sued WWE, as well as Steve Keirn, Steve Keirn Inc. aka Florida Championship Wrestling, WWE NXT, and additional John and Jane Does to be named in September 2013. On 3/21, he filed an updated lawsuit listing Kristin Altman, Scott Amann, James Andrews, Ty Bailey, Richard Blood (aka Rick Steamboat), Floyd Gerald Brisco, Anthony Carelli (aka Santino Marella), Pierre Clermont, Pete Gruner (aka Kidman), Steve Keirn, John Laurinaitis, Vincent K. McMahon, NXT Wrestling, David Otunga, Thomas Prichard, Robert Remus (Sgt. Slaughter), Virgil Runnels (Dusty Rhodes), Norman Smiley, Steve Keirn, Inc., and World Wrestling Entertainment as defendants.

Jack had filed a motion to extend the time needed to serve the defendants on 3/25 but was refused by the court. He had received an extension in time to serve defendants back in January after initially filing the lawsuit in September 2013, which was the third time this suit in some form has been filed.

The court explained that they had dismissed the case for lack of subject matter jurisdiction because Jack had failed to "properly allege the citizenship of " the new defendants (i.e. proving to the court that they would have jurisdiction over them) and also failed to seek leave from this Court prior to filing his latest amended lawsuit. According to the letter of the law, a lawsuit can only be amended with the opposing party's written consent or the court's permission. Jack did not receive either according to the ruling.

The court also noted that there is no "indication on the record" that Jack ever served any of the defendants with notice of the lawsuit before his extension on time expired on 3/24. They noted that Jack fled a letter with the Clerk of the Court stating that a process server would be filing the summons no later than 3/24 and when that did not happen, the court moved forward to dismiss the case.

Jack had been representing himself in the lawsuit.

In the lawsuit, Jack alleged that on 1/7/09 he as an "experienced, professional wrestler who was an invitee" at FCW's training center in Tampa, Florida. He claims he was "specifically required" to train in one of the rings in the center, despite "the fact there were two other fully functional training wrestling rings" in the facility. He claimed that at 7:30 PM that evening, the ring he was working in collapsed in a "sudden and horrible measure" while he was training a "rookie wrestler" with 6-8 others in the ring, causing the "horrendously painful breaking" of Jack's knee. He claimed he suffered "without remedy" for four months following the injury.

In the lawsuit, Jack alleged, "Defendants failed and refused to render any kind of meaningful aid. Defendants failed and refused to contact emergency personnel for the Plaintiff regarding his injuries. Defendant Keirn, at the time of the injury, confidentially advised the Plaintiff that unless he wanted to work as a wrestler with Defendant WWE, Plaintiff was not to call an ambulance or report the occurrence of the injury."

The lawsuit also alleged that the Defendants showed "gross negligence", allowed a "dangerous structure" in the facility, failed to appropriately supervise the wrestling ring, manage the number of people inside the ring given their awareness of issues with the ring in question, failure to have an adequate response plan to the collapse and failure to inform the Plaintiff of the dangers of the ring.

In the lawsuit, Jack asked for damages for "past and future medical and hospital expenses, mental anguish, emotional distress, past and future lost wages, loss of earning capacity as a professional wrestler, temporary and permanent injuries, pain and suffering, lose of ability to earn money, permanent disfigurement and scarring, loss of enjoyment of life and all other damages as provided by Florida law." He also asked for pre and post judgment interest in those damages and for his legal fees to be covered by the Defendants.

Jack's original lawsuit, which featured a number of outrageous claims and also featured Beth Phoenix as a defendant, was quickly dismissed.

If you enjoy PWInsider.com you can check out the AD-FREE PWInsider Elite section, which features exclusive audio updates, news, our critically acclaimed podcasts, interviews and more, right now for THREE DAYS free by clicking here!