A class-action lawsuit against World Wrestling Entertainment was filed Monday on behalf of dozens of pro wrestlers.The suit alleges that the wrestlers incurred “long term neurological injuries” in the course of working for the company, while it “routinely failed to care” for them ” in any medically competent or meaningful manner” and even “fraudulently misrepresented and concealed” the nature and extent of those injuries.
The 214 page complaint in the case of Laurinaitis et al v. World Wrestling Entertainment addressed the possibility of the company invoking a contact-sports exception for negligence liability by stating, “WWE wrestling matches, unlike other contact sports, involve very specific moves that are scripted, controlled, directed and choreographed by WWE. As such the moves that resulted in Named Plaintiffs’ head injuries were the direct result of the WWE’s actions.”
The complaint alleges that the “wrestling moves that involve the occupational head trauma that causes CTE and associated diseases from the accumulated effects of TBIs [traumatic brain injuries] are the result of wrestling moves and maneuvers that were performed ‘correctly’ by the Plaintiffs,” the lawsuit said. “In other words, the head trauma that has resulted in injury is the accumulated effect of many impacts to the Plaintiffs’ heads that occurred on a regular, routine basis during their WWE career.”
53 wrestlers including big names like “Superfly” Jimmy Snuka and Joe “Road Warrior Animal” Laurinaitis are the named plaintiffs. In 2015 Snuka was arrested for the 1983 death of his then-girlfriend Nancy Argentino, but he was ruled not mentally competent to stand trial just this past June.
The plaintiffs also include a number of former WWE stars from the 1980s and 1990s, including Ax and Smash of the tag team Demolition, Slick and King King Bundy, but you’ll also find a few names like Sabu, Shane Douglas, and Chavo Guerrero Sr., all of whom wrestled for the bulk of their respective careers in different federations, some of which – including WCW and ECW – now fall under the WWE banner.
WWE superstars are classified as independent contractors, so unlike football or hockey, there’s no union to represent them. The lawsuit makes the claim that the independent contractor designation is incorrect.
The WWE responded with a statement, saying (via Bloomberg) “This is another ridiculous attempt by the same attorney who has previously filed class-action lawsuits against WWE, both of which have been dismissed. A federal judge has already found that this lawyer made patently false allegations about WWE, and this is more of the same.”
The lawyer in question, Massachusetts-based Konstantine Kyros, has previously filed lawsuits against the WWE, with similar claims. The company has succeeded in having some of those suits dismissed, but one involving former WWE wrestlers Vito LoGrasso and Evan Singleton is still being contested in court.
“Plaintiffs were professional wrestlers who were financially compensated to engage in an activity in which physical violence was a known and even purposeful part of the activity,” U.S. District Judge Vanessa Bryant wrote in March, while dismissing complaints against the WWE brought by Russ McCullough, Matthew “Luther Reigns” Wiese, Ryan Sakoda and William Albert “Billy Jack” Haynes, all of whom were represented at least partially by Kyros. “They were injured by other participants in what the plaintiffs describe as a ‘scripted’ performance and thus in a manner that the plaintiff knew or should have reasonably anticipated.”
The NFL and NHL have also seen class-action lawsuits related to players suffering brain injuries. In April, a federal judge upheld a settlement between the NFL and thousands of former players that could result in total payments of $1 billion.