Judge Vanessa L. Bryant in the United States District Court of Connecticut on Wednesday officially dismissed the remaining two counts from the original lawsuit filed by former WWE superstar Vito LoGrasso and former WWE developmental talent Evan Singleton against the WWE regarding the company’s alleged lack of protection when it came to their performer’s health, specifically concussions, CTE and other brain-trauma related injuries, according to a report from PWInsider.com.
The report notes that although several of the allegations against the WWE had been previously thrown out by the court, there was one allegation that had been ruled as being able to go forward, which was a claim for fraud by omission, specifically because LoGrasso and Singleton alleged that in 2005, WWE became aware of and failed to disclose to its wrestlers’ information concerning a link between repeated head trauma and permanent degenerative neurological conditions, however since WWE had created their Wellness Policy and LoGrasso and Singleton had wrestled during that period, the court ruled that it was within reason that there was a possibility that the WWE had a greater knowledge of the dangers via information cultivated through their Wellness Policy data, allowing that aspect of the case to move forward to be determined.
In the 21 page ruling, Judge Bryant noted that she was throwing those final counts against the WWE out, writing, “After careful consideration of the evidence in the light most favorable to the Plaintiffs, the Court has determined that the evidence does not support a finding that WWE knew of a risk that repeated head injuries incurred while performing as a professional wrestler could cause permanent degenerative neurological conditions prior to September 5, 2007.”
In the original filing, LoGrasso claimed that his health issues began following a September 2006 concussion and that he had been suffering from migraines, memory loss, depression and deafness, all of which he claimed were a result of his time working for nearly a decade with the WWE, despite him only being a contracted talent with the company from July 2005 to June 2007, and working enhancement matches in the early 1990’s. The continuation of the case later revealed that in the years since he left the WWE, LoGrasso never informed the company of his symptoms, with WWE reminding the court that despite LoGrasso’s claims that they were responsible for his health issues, that he had stated during a deposition that he had nevr informed Vince McMahon, Stephanie McMahon, John Laurinaitis or WWE’s doctor at the time, Dr. Rios, of any head injuries that he suffered while performing for the company.
Judge Bryant ruled that LoGrasso’s claim could not continue further because undisputed evidence in the record demonstrates that WWE did not know of a potential link between concussions and permanent degenerative neurological disorders until after LoGrasso stopped wrestling and LoGrasso therefore could not have relied upon any omission to choose to continue wrestling and any injury that he suffered while wrestling could not have resulted from the WWE’s failure to state what it did not know. The ruling also revealed that LoGrasso had contacted the company in 2009, seeking a job as a trainer, but failed to disclose to them at the time that he had been suffering from issues related to traumatic brain injury. Judge Bryant noted that LoGrasso had admitted that he had no communication with the WWE about symptoms of traumatic brain injury after he last performed for them in 2007 and that WWE had provided no medical care to him since he left the WWE, although they had sent him an annual letter offering assistance in paying for drug or alcohol addiction. Judge Bryant ruled that it effectively ends LoGrasso’s case against the WWE.
Meanwhile, in the case of Evan Singleton, who it was noted had not wrestled since 2012 after he was injured taking a chokeslam during training, he stated in the original lawsuit that he was disabled due to brain trauma and that the WWE had commited fraud by omission by not properly educating him about the dangers of brain trauma, something WWE argued that they could not be held liable for because they had developed a concussion testing and education program in which Singleton participated or should have participated in prior to his injury and that they disclosed to Singleton the risks of sustaining a brain injury while wrestling. Judge Bryant noted that it had been determined that Singleton had been ordered by the WWE to attend a mandatory 45 minute seminar on drug abuse and concussion risks in August 2012. Singleton noted that he could not recall attending the seminar and stated that WWE did not maintain attendance of the seminar, however WWE claimed in a motion in February 2017 that Singleton’s own binding admissions prove that (a) he received a baseline ImPACT test on December 1, 2011 during which he was told about the signs and symptoms of concussions, (b) prior to his injury he was told by a WWE physician that he would not be able to perform if he received a concussion and remained symptomatic, (c) he was injured performing a common move that he knew he would perform when he became a professional wrestler, (d) he knew he would get hurt if he performed the move wrong, (e) he in fact, did perform it wrong on September 27, 2012, (f) the injury was an accident, (g) he never wrestled again after his injury and (h) nobody has told him that he has CTE and he does not have any fear of having CTE and that accordingly, his claim is about nothing more than an alleged patent injury arising from a risk he knew and assumed, that it was caused by his own mistake and that he could not even make out a negligence claim, much less a claim for fraud.
Judge Bryant sided with WWE in the ruling stating that holding a training session in which it is explained that repeated concussions can cause CTE and that CTE can be fatal is not consistent with a deliberate effort to withhold information for inducing Singleton to continue wrestling. Judge Bryant noted that the Plaintiffs have offered no evidence that Singleton’s alleged failure to attend this session was the result of a deliberate effort on WWE’s part to prevent him from learning about concussions or CTE and consequently, no reasonable jurt could find anything other than that WWE attempted to inform Singleton about the risks of concussions and that his failure to cooperate with that attempt, or WWE’s allegedly negligent failure to ensure that all talent in fact attended the presentation, do not transmure WWE’s effort to educate performers about concussion risks into fraudulent omission and threw out his claim, ending his side of the lawsuit against the company.