The Way I C It 04.07.08: Egg on Face Edition

Posted by Chris Lansdell on 04.07.2008

Sorry, Triple H. There, that good enough? No? OK, well there's more inside. Also, some professional insight into the Mania pyro situation, and some more feedback.

Greetings, humanity! Welcome to The Way I C It, home of mistakes that are blown out of proportion by my loyal readers. I'm your host, Chris Lansdell, and I sure as hell have a rant this week. Oh yes.

Didn't Flair pick HHH for the induction?

Posted By: anon (Guest) on March 31, 2008 at 02:38 PM

Yeah, I remember reading somewhere that Flair wanted Triple H to induct him into
the HOF. I'm no huge fan of the guy (HHH) but it sounds like he was asked and
this had nothing to do with politics.
Posted By: BJC (Guest) on March 31, 2008 at 02:46 PM

You don't think RIC FLAIR chose Triple H to induct him?

Posted By: The Rob (Guest) on March 31, 2008 at 03:44 PM

Wow you just Bumgarnered your entire article. How embarrassing, the entire basis
of your rant was erroneous. Seriously fact check, before you make a complete
fool out of yourself.

Posted By: Guest#9910 (Guest) on March 31, 2008 at 05:55 PM

Wow. How do you have a column here again? At Flair's last wedding, none of
those old timers were tapped to be Flair's best man. Trips got that honor. He
inducted Flair into the Hall, because Flair wanted him to.

Posted By: William (Guest) on March 31, 2008 at 07:24 PM

Lansdell = Self-Pwn'd

Ric ASKED Trip's to induct him, it's been reported on multiple websites
INCLUDING THIS ONE !! Get your facts straight before you rant dude, I usually
enjoy your column but you made yourself look like a total arse hack this week.

Posted By: G3KKO (Guest) on April 02, 2008 at 12:12 PM


I did, I really did. Just a small sampling of how much you all loved me last week.

I screwed up. No doubt. I could sit here all day and say that I was working the readers, or that the reports are no more rooted in fact than my rant was, or some such bullshit, but the fact is that at the time I wrote the article, Flair's request was not known to me. I generally do not read any other sites for news, and it was not reported on 411mania at that point. Nonetheless, research before rant is generally a good idea. The sad thing is, I have Flair's book, I know how close he is to Trips. I also know that HoF inductees get to choose the person who inducts them, if they're alive. It just didn't ever occur to me that Flair would want someone who, arguably, had little to no effect on the parts of his career for which we'll remember him.

Having said that, you're coming on a bit strong here guys. I'll deal with it fully in the Feedback section, but the bottom line is this: I do not hate HHH for anything he's done in the ring. I have questioned his judgement at times in who he chooses to put over, or in how he seemingly wants to keep himself at the top whether he merits it or not, although most often he DOES merit it. I was wrong to condemn him here, and for that I apologise. Whether or not he would have tried to get the gig if Ric hadn't asked for him is neither here nor there.

Self-defence rant mode off. With the huge amount of feedback this week, and the fact that I had very little time to watch anything on TV due to this being the busiest time of the year at work, we've got a different look for you. Are we all sitting comfortably? Then let's begin.

The Way I C PyroGate

How ridiculously sad, and utterly predictable, is it that the biggest mainstream story coming out of WrestleMania is not the retirement of one of the greatest sports entertainers of the last 40 years, or the well-executed involvement of one of boxing's biggest names, or even the fact that, perhaps for the first time, WWE had to heavily paper their flagship event in order to fill the arena. No, the ravenous media instead chooses to make a mountain out of a molehill yet again, attacking a pyrotechnics malfunction that injured anywhere from 12 to 45 people (quality investigative journalism on a par with, oh I don't know, attacking Triple H for using backstage pull to induct Flair), and sent anywhere from 4 to 30 to hospital. At the time of writing this, nobody has yet filed suit (there's plenty of time still). In such a high-profile case, with a multi-million-dollar potential defendant, in today's litigation-happy culture, I fully expected at least 10 suits by now, and possibly a class-action filing. In the interest of doing research (who says I didn't learn my lesson?), I checked with Joe Slater, an Ohio law professor, to get his opinion on the matter. It is to be noted that he is not giving anyone actual legal advice, as he is not anyone's lawyer in this matter, and he is also not on the Florida state bar. That said, he was able to give me some excellent insight into several things.

As to the WWE's liability, this will likely come down to a question of Florida tort law: are pyrotechnic displays considered "abnormally dangerous" or "ultrahazardous" activities. If an activity is deemed to fall into that category, two things happen: (a) there is strict liability for harms caused, no need to show negligence; and (b) a company like the WWE can be liable for the acts of a subcontractor.

Are pyro displays in this category? I don't know enough about Florida law to say (it's a common law tort doctrine, so therefore varies state to state). I do know courts in other jurisdictions are split as to whether fireworks displays are "abnormally dangerous," but I don't know any cases off the top of my head on pyro displays. Based on what you've told me, however, this is the most important legal issue.

If this activity is not in this category, then it gets trickier for plaintiff. Of course, the contractor could be held liable if plaintiff could show the contractor was negligent (not meeting the normal standard of care for this sort of thing). But if things were as you say (they followed normal procedures that had been safe in the past), that could be hard to show. But even if the contractor was negligent, that wouldn't necessarily mean the WWE was liable. Again assuming no strict liability, plaintiff would have to show that the WWE did something negligent, for example, negligent hiring or negligent supervision of the independent contractor. In what you described to me, I don't see the facts for that.

A couple of other long-shot theories. If the workers who set up the pyro could be shown to be employees of the WWE, not independent contractors, then there would be strict liability for the WWE for any negligent acts of the workers through the theory of respondeat superior. But that would require showing the workers were (i) really WWE employees; and (ii) that they were negligent. Finally, some states have a "non-delegable duty" rule, meaning essentially that certain types of duties can't be delegated by one party to another. This again varies by jurisdiction, and I have no idea what the Florida rule is.

Finally, plaintiff could sue in any of the following places: (i) where the accident took place; (ii) where the company is incorporated; or (iii) where the company is headquartered. I don't think Delaware law on corporation would matter too much – I think it's going to be a matter of Florida tort law.

Thanks, Professor Slater. My own research on the topic has shown me that Florida does indeed have a non-delegable duty rule, to see to it that the independent contractor carries out his task in a non-negligent manner. The employer's liability is not absolute, nor is he held liable for the negligence of the independent contractor. Rather liability is imposed on the employer for his own failure to exercise reasonable care in a situation in which the work is sufficiently dangerous that the employer himself has a duty to any third party who may sustain injuries from the work unless proper precautions are taken in the performance. The taking of such precautions is a duty which the employer may not delegate to his independent contractor so as to evade liability. If it is shown that these injuries occurred under such circumstances, WWE would be liable for the breach of their own "non-delegable duty" to take precautions against harm to third parties. This would not, apparently, absolve the pyro company.

I was also able to unearth some information that states that any company that organises or executes fireworks displays in the state of Florida is required to have insurance in place with a minimum limit of $1 million. I tried to find more concrete information as to whether fireworks displays fall into the non-delegable duty or strict liability categories, but my sources had not got back to me by the time this was posted.

The Way I C The E

I am utterly confused about the WWE Title picture, although admittedly we've only had the one post-Mania Raw to go by. Fans are notoriously tough on heel-heel match-ups, and turning Orton face after a career-defining win at the biggest show of the year would be a worse mistake than his last face turn. JBL is a natural heel so he's not turning either. Including Matt Hardy would appear to be out of the question now, he lost clean on Monday and then beat MVP non-title on Friday, to set up the title match. Plus, another triple threat feud for the title doesn't sit right with me. I would imagine that one or both of Cena and HHH (who was asked by Ric Flair to induct Flair into the Hall of Fame) will get a rematch at Backlash, and last week was filler because they didn't want anything on the show to overshadow the end of it.

I'm wondering if that was the reason for the apparent resurgence of tag team wrestling last week. I think we're seeing a LonDrick heel turn, possibly to win the belts and feud with Cryme Time, whose return was a big surprise. Having 2 matches with 4 established teams on the card, though it was seen as a possible increase in emphasis on the division, could have been the opposite. The Way I C It, Monday's card was more representative of the way WWE sees the tag division: filler. They put those 2 matches on the card because they know Cryme Time's return and LonDrick would pop the crowd, but not enough to overshadow Flair. Oh we'll see Cryme Time for a couple more weeks before they go to Heat, but this was not a renaissance.

I'm glad to see Edge is getting a rematch. Emotion aside, their Mania match was quite possibly the best match of the night. I had very low expectations going in, but it surprised me greatly. I can't see the Backlash match being as good, but it doesn't have to be. I think these two have only just started to explore the storyline potential between them and we could be in for some good stuff in the weeks to come.

I'm going to keep saying this until I know it won't happen: CM Punk, PLEASE do not waste your Money in the Bank contract on the ECW Title. I keep waiting for his heel turn, akin to what he did after winning the RoH title against James Gibson (Jamie Noble for the non-RoH fans). Maybe we'll finally get it after he uses his shot and wins. Heel Punk on the mic is absolute gold, because it allows him to use his straight-edge lifestyle as a way to show he is better than everyone else.

Oh yeah, some dude retired Monday night. In all seriousness, I defy ANYONE who has been a wrestling fan long enough to understand Flair's contributions to watch that ceremony without shedding tears. I was bawling. Lansdell Jr, all 7 years of him, said it was "very sad, because Ric Flair is a very good wrestler and everyone wanted to say goodbye and thank you because he lost his career. Even the guy who beat him. It was very nice of them to respect him like that." That about sums it up. The guys that came out were almost perfect: obviously Sting couldn't be there (you know he wanted to be), and Dusty not coming out was a shame. I would have liked Orton to be part of the group in the ring, and possibly put the belt on Flair's shoulder. I also enjoyed the way they worked in the start of a Batista-Michaels angle without detracting from the farewell in any way. Really there's nothing else to say that hasn't already been said by everyone on the site. Thank you, Ric Flair.

Batista-Michaels is exactly what Big Dave needs coming off the performance at Mania. I'd like to see Shawn go to Smackdown, just because there's so much fresh over there for him. It also keeps him away from ANOTHER HHH program, which I already see some parts of the IWC asking for. The Way I C It, this program should be saved for when Michaels retires (again), which I would not be surprised to see at Mania 25. Batista doesn't normally need a lot of carrying, but if this feud can go on a few months, we should get some great matches out of it.

The Way I C The T
I didn't, to be honest. From what I've read, I didn't miss much.

Looks like I was wrong about the addition of a fifth member to each team, although the way they did it was a bit roundabout, and I pray the swerve that I see looming on the horizon is not going to happen. Morgan finally in the ring is a good thing, especially if we see a Tomko-Morgan feud.

Queen of the Cage? I can see some potential for this to at least suck less than a reverse battle royal, because there's the potential for cage beatings and high spots off the cage. I don't know if debuting the match as a women's match is the right idea though. Don't get me wrong, I enjoy good women's wrestling, and TNA has the talent to put on good women's matches. Kong and ODB would not fit in the match, so their not being involved doesn't hurt the concept too much. Still, I would rather have had this as the X-Division match and have the women do the X-Scape. I'm in a huge minority here, but I think this match will surprise a LOT of people.

Shark Boy has jumped the shark. It was funny to start with, but now that they're taking all of Stone Cold's lines and making them into jokes, it's just grating. They weren't doing this at first: "That's the fishing line" and drinking clam juice were good, but then they started with "kick someone's bass" and "the Chummer", amongst others. Curry Man remains gold.

The Way U C Me

Not very pleasantly, apparently. Rather than address each individual comment about Finlay, let me clear this up: Finlay is from Northern Ireland, which is part of the United Kingdom. The team that competes in the Olympics is Great Britain. There is a difference: the United Kingdom is actually "the United Kingdom of Great Britain and Northern Ireland". Great Britain consists of England, Scotland and Wales. As such, Finlay would not be eligible to compete for a Great Britain Olympic team. On to the comments!

Dude, get over your markish views of Triple H. You don't think RIC FLAIR chose
Triple H to induct him? He probably thought he already had a big match fued
with Triple H, and since Shawn Michaels was retiring him, Triple H would induct
him. Face it, this isn't a power trip! Ric and Triple H are good friends. And
just because you have a hard on for him just cuz he's "married to the
boss's daughter". I guess anyone with an opinion can write a wrestling
column.
Posted By: The Rob (Guest) on March 31, 2008 at 03:44 PM

No, not anyone. You don't have one, for example. I'm not entirely sure where in my column you got the idea that I have a "hard on" for Triple H, but I can assure you I do not. Not that there's anything wrong with it if someone does. I've never had markish views for HHH, in fact I've defended him and now will continue to do so. No matter how much power he wields backstage, the fans would not go crazy for him if he didn't have the talent. Same goes for Cena, for that matter. Look at Greg Gagne: no matter how much his father tried to push him, he was never over like HHH is.

Dude, MVP's Flair promo was EVERY BIT AS GOOD as Michaels/Flair.

Flair: "You can't lace their boots kid."

MVP: "Well, that's ok, because they can lace mine.. and. so. can.
you."
Posted By: Probes (Guest) on March 31, 2008 at 04:29 PM

This promo, along with Edge's pre-match promo from Mania, have been vastly overlooked. Both were excellent. What really sets the Michaels/Flair promo apart, however, is the way Michaels responds to Flair losing it and slapping him twice: he just looks at Flair with a ton of pity in his eyes, repeats himself and walks away. Fabulous.

Hey I just would like you comment on your rant about HHH and how he got to
induct Ric Flair into the hall. Well if you would have read Flair's book, you
would have known that not only is Flair not as close to those people, but HHH
was/is one of the only friends Flair has in the WWE, let alone the world. Most
of those people you mentioned he's either lost touch with, or he has an on
again, off again relationship with (The American dream for example). I know
this is only your opinion but I think you might want to be a little more
informed on the issues before taking a stance. Would it have made more sense
for the story aspect for one of those people to induct him? yea. But its
Flair's choice. And when has the best "storyline guy" been the one to
induct people. If you need more proof look at Hogan (who was inducted by an
actor). I just disagree with your statement here.

Posted By: Danny (Guest) on March 31, 2008 at 05:40 PM

For most of the people I mentioned, I can see where you're coming from. I think Arn is the biggest surprise for me. I don't remember reading or hearing that he and Flair had fallen out.

Wow you just Bumgarnered your entire article. How embarrassing, the entire basis
of your rant was erroneous. Seriously fact check, before you make a complete
fool out of yourself.

I found it really funny when Finlay came out they cut to a shot of the
Republic flag, when the Northern Ireland flag was clearly visible in an earlier
shot.

Posted By: Guest#9910 (Guest) on March 31, 2008 at 05:55 PM

I was not aware of the verb "to Bumgarner", or its meaning. I asked some of my fellow writers, and in the interest of fairness, I won't repeat what they said. However, I will address the second part of your comment: the Northern Ireland flag was visible most of the match, despite the Eire flag being a big part of Finlay's Titantron entrance. Did anyone else find it funny that Hornswoggle got a bigger pop than his dad? And when do we find out about the deal, anyway?

Also, Triple H is probably the wrestlier with the strongest association with the
WWE brand and business at the moment, for all the reasons you gave above. This
was Vince's main man doing the induction, which I thought was cool.

Posted By: Palmer (Guest) on March 31, 2008 at 06:09 PM

I don't agree here. Undertaker and arguably John Cena have a stronger association with WWE for the average fan. I won't disagree that he's Vince's main man, however. Then again, I'd venture to say that "the average fan" doesn't watch the Hall of Fame, it's more for the smarks and long-term fans, who would probably identify HHH with the brand on a similar level.

I am so sick of the Triple H hate. All you internet guys hate on him. He
hasn't had the world title in 3 years!! And he's done the JOB to Batista, Cena
and now to Orton. Chill out on the hate. And by the way, he's still the most
over guy in the company so even if he was champ it would be deserved. Its
funny how all you guys hate on Triple H but still worship that piece of shit
Wife and Child murderer Benoit. Ooooh he had good matches so who cares if he
killed his family. That was real life and I think any match with that asshole
should not be on any best match list. Not anymore. He lost that right when he
KILLED his wife and CHILD. You people amaze me sometimes.

Posted By: Thanks Ric (Guest) on April 01, 2008 at 02:32 AM

I was agreeing right up until the Benoit part. Then I turned red, which is a neat trick for a negro. I'm only going to say this once in this column: Benoit was a sick man at the end. There's no excusing his actions. However, I don't think they have any bearing on his in-ring performances. Michael Jackson, for example, is a very strange man with some strange habits. Regardless, he is one of the most talented musicians and dancers in the last 30 years. I respect everyone's right to make their own call on this, but I will continue to distinguish Benoit the man from Benoit the wrestler. He hasn't lost the right for his work to be considered great.

I was trying to keep my team based in the reality of here & now, which is
why Booker is in, and Austin, Flair, and so many other past greats aren't in
there.
Posted By: twf's sdc (Guest) on April 01, 2008 at 03:15 PM


In that case, you're on to something. Booker is a very good ring general. If he could bring some of the stuff that made the IWC take notice of him in the Benoit series in WCW, it would be even better.

Edge and Jericho feuded briefly in 2002. Jericho cost Edge and Hogan the tag
titles at Vengeance and they had a cage match on SD that Edge separated his
shoulder during, I think it was the same night Mysterio debuted. The SD before
Jericho and the Un-Americans jumped to RAW.

Posted By: Mike Campbell (Registered) on April 02, 2008 at 10:28 PM

Short enough that they can retcon it out, and before Edge became what he is now. Should be grand, if it happens.

Pro Wrestling Olympics, phase 1 part 3

The entries are still rolling in, and my ideas are taking shape. I'm looking this week for Team Canada and Team Mexico. Also I'll still accept ideas for the other countries we've looked at.

That's pretty much game, set and match, boys and girls. Before I go, I want to draw your attention to an excellent article by Ryan Byers. Not that he isn't always excellent, but he's outdone himself this time. Highly recommended reading. Until next week...

Lansdellicious- Out.