Lawsuit Over Injuries In WWE Developmental Dismissed Again
Posted by Joseph Lee on 03.31.2014
A third time...
A lawsuit filed against WWE (among others) by wrestler Brian Jack over injures he claims happened in a WWE developmental ring in 2009 was dismissed for the third time on March 27 by the US District Court (Middle District of Florida, Tampa) for his failure to serve any of the defendants in a timely manner. It was ruled that the case was dismissed without prejudice for lack of subject matter jurisdiction. The lawsuit was filed in September 2013 and also includes as defendants Steve Keirn, Steve Keirn Inc aka Florida Championship Wrestling, WWE NXT, Kristin Altman, Soctt Amann, James Andrews, Ty Bailey, Richard "Ricky Steamboat" Blood, Floyd Gerald Brisco, Anthony "Santino Marella" Carelli, Pierre Clermont, Pete "Billy Kidman" Gruner, John Laurinaitis, Vince McMahon, David Otunga, Thomas Prichard, Robert "Sgt Slaughter" Remus, Virgil "Dusty Rhodes" Runnels and Norman Smiley.
Jack tried to get the time extended on March 25 but the court refused. He received an extension in January. The court dismissed the case because Jack failed to "properly allege the citizenship of" the new defendants, meaning he didn't prove that the court would have jurisdiction over them. He also didn't get leave from the Court before filing the changed suit. The law states that a suit can only be changed with the written consent of the defendants or the court's permission. Jack didn't have either. The court also said there is "no indication on the record" that Jack served any defendants before time expired on March 24. Jack told the Clerk of the court that process server would handle it but it never happened. Jack has been representing himself.
He claims that on January 7, 2009, he was an "experienced, professional wrestler who was an invitee" at the FCW training center in Tampa. He said 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 said that at 7:30 PM that night, the ring collapsed in a "sudden and horrible measure" while he trained a "rookie wrestler" with six to eight others in the ring. This caused the "horrendously painful breaking" of his knee, which caused him to suffer "without remedy" for four months.
He claimed: "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. [Defendants showed] gross negligence [and allowed a] dangerous structure [in the facility]."
Jack also claims they didn't supervise the ring, manage the people inside of it knowing about the issues with it and didn't have a proper response plan to the collapse. He also claims he was never informed of the danger. He wants 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 the damages and for his legal fees to be covered. His original lawsuit featured several claims and also named Beth Phoenix as a defendant. It was quickly thrown out.