Cassandra Frazier (on behalf of Nelson Frazier Jr) v WWE (CTE)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION ) ) CASSANDRA FRAZIER, individually and as next of kin to her deceased husband, ) ) NELSON LEE FRAZIER, JR. A/K/A ) “MABEL” A/K/A “VISCERA” A/K/A ) “BIG DADDY V” A/K/A “KING MABEL,” and as personal representative of ) ) THE ESTATE OF NELSON LEE ) FRAZIER, JR, DECEASED, ) ) Plaintiff, ) ) v. ) ) WORLD WRESTLING ) ENTERTAINMENT, INC., ) ) Defendant. )

Civil Action No. 2:15-cv-2198

NOTICE OF REMOVAL Defendant World Wrestling Entertainment, Inc. (“WWE”) hereby provides notice that it is removing this action originally commenced in the Circuit Court for Shelby County, Tennessee (“State Court”), to the United States District Court for the Western District of Tennessee, Western Division. In support thereof, WWE states as follows: 1.

WWE exercises its right to remove this case from the State Court pursuant to 28

U.S.C. §§ 1332, 1441, and 1446. 2.

On or about February 18, 2015, plaintiff Cassandra Frazier (“plaintiff”) filed a

Complaint in the State Court under the name and style of Casandra Frazier, individually and as next of kin to her deceased husband, Nelson Lee Frazier, Jr. a/k/a “Mabel” a/k/a “Viscera” a/k/a “Big Daddy V” a/k/a “King Mabel,” and as personal representative of the Estate of Nelson Lee

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Frazier, Jr. v. World Wrestling Entertainment, Inc., Civil Action No. CT-000702-15. Plaintiff served WWE with the Complaint on February 27, 2015. 3.

28 U.S.C. § 1441(a) provides:

Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or defendants, to the district court of the United States for the district and division embracing the place where such action is pending. 4.

This is a civil action that was instituted in the State Court and has not been tried.

Pursuant to 28 U.S.C. § 1446(a), attached hereto are true and correct copies of the Summons and Complaint bearing Civil Action No. CT-000702-15, (attached hereto as Exhibit A), which are all the process, pleadings and orders served upon WWE in this action. 5.

As more fully set forth below, this case is properly removed to this Court under

28 U.S.C. § 1441 because this Court has original jurisdiction pursuant to 28 U.S.C. § 1332 in that the matter in controversy as set forth in the Complaint exceeds the sum or value of $75,000.00, exclusive of interest and costs, and is between citizens of different states. I.

SUBJECT MATTER JURISDICTION A.

Diversity Jurisdiction Exists Pursuant To 28 U.S.C. § 1332 1.

6.

There Is Complete Diversity Of Citizenship Between Plaintiff And WWE

In determining whether complete diversity exists, the Court considers the

citizenship of all properly joined parties. See 28 U.S.C. § 1441(b). In this case, there is complete diversity between plaintiff and WWE. 7.

The Complaint states that plaintiff is a resident “of Memphis, Tennessee, within

Shelby County.” Compl. ¶ 25. For purposes of diversity of citizenship under 28 U.S.C. § 1332, plaintiff is a citizen of the State of Tennessee. 8.

The Complaint alleges that WWE is a “Delaware corporation doing business in

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the state of Tennessee. Defendant maintains a principal business address of 1241 E. Main Street, Stamford, Connecticut 06902-3520.” Compl. ¶ 26. A “corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business.” 28 U.S.C. § 1332(c)(1). For purposes of diversity of citizenship under 28 U.S.C. § 1332, WWE is a citizen of a state other than the State of Tennessee. 9.

There is complete diversity of citizenship for purposes of jurisdiction under 28

U.S.C. § 1332(a). 2. 10.

The Amount In Controversy Exceeds $75,000, Exclusive Of Interest And Costs

The Complaint alleges, among other things, that WWE’s supposedly “willful,

wanton, reckless, and grossly negligent conduct” resulted in Nelson Lee Frazier, Jr. (“Mr. Frazier”) “suffering repetitive serious head injuries, brain trauma, concussions, other serious injuries, and eventually the heart attack which took his life.” Compl. ¶ 2. 11.

The Complaint further alleges that as a result of WWE’s conduct during and

beyond Mr. Frazier’s 15-year career, Mr. Frazier suffered “symptoms of severe and permanent brain damage … [including] Chronic Traumatic Encephalopathy (CTE),” and other injuries which “led to permanent disability and contributed to his pain and suffering, death, and damages to [him and to plaintiff].” Id. at ¶ 16. 12.

Plaintiff brings claims for negligence (Count I), negligent misrepresentation

(Count II), intentional misrepresentation (Count III), fraudulent concealment (Count IV), fraud by omission/failure to warn (Count V), vicarious liability (Count VI), wrongful death (Count VII), punitive damages (Count VIII) and loss of consortium (Count IX). 13.

Plaintiff seeks damages individually, and as the personal representative of Mr.

Frazier. Specifically, plaintiff seeks (i) damages for Mr. Frazier’s pain and suffering, emotional

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distress, loss of enjoyment of life, and other non-economic damages, “including, but not limited to long-term neurological damage and CTE, and the serious symptoms and disorders resulting from that damage, which further resulted in lost and/or reduced income during his life, and ultimately caused or contributed to his untimely death;” (ii) damages and relief awardable pursuant to Tenn. Code Ann. § 20-5-101 et seq., for Mr. Frazier’s alleged wrongful death, compensation for harms caused Mr. Frazier prior to his death, and the pecuniary value of his life; (iii) “expenses for funeral, burial, medical treatment, and other related costs;” (iv) damages for plaintiff’s past and future suffering from the loss of Mr. Frazier’s “love, companionship, comfort, affection, society, moral support and solace;” (v) damages for the “loss of financial support of [Mr. Frazier’s] earning capacity;” (vi) actual and consequential damages, including mental and physical suffering, loss of time, and the pecuniary value of Mr. Frazier’s life, including loss of consortium; (vii) punitive damages; (viii) special and incidental damages; and (ix) costs and disbursements, including reasonable attorney’s fees. See Compl. ¶¶ 448, 449, 450, 451, 452, 464, 466, 467, 468, 469, 479, 480, 481, 482, 483, 492, 493, 494, 502, 503, 517, 518, 519, 520, 524, 528, 529 and Prayer for Relief ¶¶ 1, 2, 3 & 4. 14.

Where, as here, a “plaintiff seeks an unspecified amount in damages, the

defendant satisfies its burden of proving the amount in controversy requirement when it shows that the amount ‘more likely than not’ exceeds $75,000.” Crumley v. Greyhound Lines, Inc., No. 11-2153, 2011 WL 1897185, at *1 (W.D. Tenn. May 18, 2011); see also Shupe v. Asplundh Tree Expert Co., 566 Fed. Appx. 476, 478 (6th Cir. 2014) (removal is proper when the defendant can show that the amount in controversy exceeds $75,000 by a preponderance of the evidence). “A court must conduct a ‘fair reading’ of the allegations in the complaint to determine the amount in controversy.” Shupe, 566 Fed. Appx. at 478.

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A fair reading of plaintiff’s Complaint demonstrates that plaintiff seeks, on behalf

of Mr. Frazier and herself, unspecified damages that will far exceed $75,000 if proven. See Hayes v. Equitable Energy Res., 226 F.3d 560, 573 (6th Cir. 2001) (affirming that amount in controversy was met based on a “fair reading” of the complaint that sought unspecified damages, including punitive damages). It is well established that where a plaintiff seeks damages for serious personal injury and pain and suffering, emotional distress, medical expenses, and lost earnings and earning capacity, it is more likely than not that the combination of such claims, if successful, would result in a verdict of greater than $75,000. See Crumley, 2011 WL 1897185, at *3 (considering request for lost wages and unspecified damages for emotional distress in calculation of amount in controversy) (citing Christner v. Wal-Mart Stores E., L.P., No. 1010762, 2010 WL 2597440, at *2 (E.D. Mich. June 24, 2010) (amount-in-controversy requirement satisfied where one plaintiff alleged serious and permanent back injuries, damages for pain and suffering, lost earnings and earning capacity, and medical expenses)); Foxx v. Healix Infusion Therapy, Inc., No. 3:12–CV–120, 2012 WL 6554393, at *2 (E.D. Tenn. Dec. 13, 2012) (damages for personal injuries and emotional distress considered in calculation of amount in controversy). 16.

Here, as detailed above, plaintiff seeks damages for the alleged serious injuries

and mental and physical pain and suffering purportedly sustained by Mr. Frazier. Plaintiff claims that Mr. Frazier sustained, among other things, numerous concussions, “disfiguring scarring and physical injury, loss of mental acuity and acumen, loss of short-term memory, loss of awareness, depression, loss of a heathier state of being, as well as other symptoms and disorders resulting from his severe injuries.” Compl. ¶ 447; see also id. at ¶¶ 448, 464. Plaintiff seeks damages for Mr. Frazier’s emotional distress, damages for the pecuniary value of Mr.

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Frazier’s life, unspecified damages for Mr. Frazier’s medical treatment, damages for lost and/or reduced income during Mr. Frazier’s life, and damages for the loss of Mr. Frazier’s earning capacity. Given the extensive and unlimited requests for relief sought here, it is more likely than not that the combination of plaintiff’s claims and requests for relief, if successful, would result in an award of over $75,000. Christner, 2010 WL 2597440, at *2 (combination of claims in a personal injury action met the amount in controversy threshold). 17.

Plaintiff also seeks on behalf of Mr. Frazier, damages and relief awardable

pursuant to Tenn. Code Ann. § 20-5-101 et seq., for Mr. Frazier’s alleged wrongful death, compensation for harms caused Mr. Frazier prior to his death, and the pecuniary value of his life. See Compl. ¶ 518. Consideration of these requests alone would exceed the amount in controversy requirement. See De Aguilar v. Boeing Co., 11 F.3d 55, 57 (5th Cir. 1993) (based on the face of the complaint, plaintiffs’ claims for wrongful death exceeded amount in controversy threshold). 18.

In addition to Mr. Frazier’s alleged damages, plaintiff also seeks compensation

for her own purported damages, including plaintiff’s suffering from the loss of Mr. Frazier’s love and companionship and alleged wrongful death. Specifically, plaintiff seeks recovery of damages for the loss of Mr. Frazier’s financial support, unspecified damages for funeral and burial expenses, actual and consequential damages for loss of time, and damages for loss of consortium. See Compl. ¶¶ 449, 450, 451, 452, 466, 467, 468, 469, 480, 481, 482, 483, 493, 494, 503, 517, 518, 519, 520, 524, 528 & 529. 19.

In addition, plaintiff’s request for punitive damages must be considered when

determining whether the amount in controversy threshold is met in a diversity case, “unless it is

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apparent to a legal certainty that [punitive damages] cannot be recovered.” 1 See Compl. ¶¶ 519, 521-524, Prayer for Relief ¶ 3; Hayes, 226 F.3d at 572. Here, if plaintiff’s allegations were proven, plaintiff asserts that punitive damages could be recoverable pursuant to Tenn. Code Ann. § 29-39-104(a)(1) because plaintiff seeks damages for WWE’s purported intentional, fraudulent and reckless conduct. See e.g., Compl. ¶¶ 2, 471, 472, 473, 474, 475, 485, 486, 487, 488, 489, 490, 496, 497, 498, 512, 513, 514, 515, 519, 520, 522, 523, 524, 528; Hayes, 226 F.3d at 572 (punitive damages to be considered when calculating the amount in controversy); Donaldson v. BAC Home Loans Servicing, L.P., 813 F.Supp.2d 885, 891 (M.D. Tenn. 2011) (Tennessee law allows punitive damages for tort claims involving fraud). 20.

Plaintiff further seeks special and incidental damages, and reasonable attorney’s

fees. 2 See Compl. at Prayer for Relief ¶¶ 2, 3 & 4. When combined with the damages already set forth above, which when taken alone are sufficient to exceed $75,000, it is without doubt that the total damages alleged by plaintiff satisfies the amount in controversy requirement. See Menendez v. Wal-Mart Stores, Inc., 364 Fed.Appx. 62, 67 (5th Cir. 2010) (in a wrongful death suit, allegations of damage for mental pain and suffering or loss of consortium and companionship, taken on their face, establish that the amount in controversy requirement is satisfied). 21.

Nowhere in the Complaint does plaintiff limit her damages to any amount, but

1

WWE does not concede that punitive damages are recoverable in connection with plaintiff’s claims and reserves its right to contest such fees. If, however, punitive damages are recoverable for plaintiff’s claims under applicable Tennessee law, then such fees should be included in the calculation of the amount in controversy. Hayes, 226 F.3d at 572. 2

WWE does not concede that attorney’s fees are recoverable in connection with plaintiff’s claims and reserves its right to contest such fees. If, however, reasonable attorney’s fees are recoverable for plaintiff’s claims under applicable Tennessee law, then such fees would be included in the calculation of the amount in controversy. Crumley, 2011 WL 1897185, at *3.

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instead requests damages “in an amount to be proven at trial,” and requests to “recover the full amount of damages allowed under applicable law.” See Compl. ¶¶ 451, 452, 468, 469, 482, 483, 493, 494, 503, 519, & 524. Recovery for all the damages plaintiff has alleged in her Complaint could easily exceed the amount in controversy threshold. See Hahn v. Auto-Owners Ins. Group, No. 3:04-CV-380, 2006 WL 2796479, at *2 (E.D. Tenn. Sept. 27, 2006) (denying motion to remand and finding damages alleged in complaint could easily meet jurisdictional requirement of 28 U.S.C. § 1332 where plaintiff did not limit damages to any amount, but instead requested damages “in an amount to be proven at trial”). 22.

Thus, the jurisdictional amount in controversy requirement is satisfied because

plaintiff seeks an amount in excess of $75,000 exclusive of costs and interest. 23.

Because there is complete diversity of citizenship and the amount in controversy

exceeds $75,000 exclusive of costs and interest, this Court has jurisdiction over plaintiff’s claims pursuant to 28 U.S.C. § 1332. II.

PROCEDURAL COMPLIANCE 24.

In accordance with the requirements of 28 U.S.C. § 1446, this Notice of Removal

is filed within thirty (30) days after February 27, 2015, the date upon which plaintiff served WWE with the Complaint. WWE removes this matter without waiving any objections or defenses that it may have, including, without limitation, objections to sufficiency of process or sufficiency of service thereof. 25.

Pursuant to 28 U.S.C. § 1441 and 1446(c), the right exists to remove this case

from the State Court to the United States District Court for the Western District of Tennessee, Western Division, which is the district court for the district and division embracing the state court where the action is pending. 26.

Written notice of the filing of this Notice of Removal will be served upon -8-

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plaintiff’s counsel by first class mail, postage prepaid at: Gilreath & Associates, PLLC, 200 Jefferson Avenue, Suite 711, Memphis, TN 38103; Kyros Law Offices, 17 Miles Road, Hingham, MA 02043; and Mirabella Law, LLC, 132 Boylston Street, 5th Floor, Boston, MA 02116. 27.

In compliance with 28 U.S.C. § 1446(a), a copy of the Notice of Filing Notice of

Removal will be filed with the Circuit Court of Tennessee for the Thirtieth Judicial District at Memphis on March 24, 2015 (attached hereto as Exhibit B), and served upon plaintiff’s counsel by first class mail, postage prepaid at: Gilreath & Associates, PLLC, 200 Jefferson Avenue, Suite 711, Memphis, TN 38103; Kyros Law Offices, 17 Miles Road, Hingham, MA 02043; and Mirabella Law, LLC, 132 Boylston Street, 5th Floor, Boston, MA 02116. WHEREFORE, defendant World Wrestling Entertainment, Inc. hereby removes this case from the Circuit Court, Shelby County, Tennessee, where it is now pending, to this honorable Court, and respectfully requests that the Court accept jurisdiction of this action, and henceforth that this action be placed upon the docket of the Court for further proceedings, as though this case had originally been instituted in this Court. Dated: March 24, 2015

Respectfully Submitted,

s/ Eugene J. Podesta, Jr. Eugene J. Podesta, Jr. [email protected] Baker, Donelson, Bearman, Caldwell & Berkovitz, PC First Tennessee Building 165 Madison Avenue Suite 2000 Memphis, Tennessee 38103 (901) 577-2213 (phone) (901) 577-0761 (facsimile)

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Of Counsel: Jerry S. McDevitt [email protected] Curtis B. Krasik [email protected] K&L GATES LLP K&L Gates Center 210 Sixth Avenue Pittsburgh, PA 15222 (412) 355-6500 (phone) (412) 355-6501 (facsimile) Attorneys for Defendant World Wrestling Entertainment, Inc.

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CERTIFICATE OF SERVICE I, Eugene J. Podesta, Jr. hereby certify that on this 24th day of March, 2015, I served a copy of the foregoing upon the following attorneys of record by United States First Class mail. R. Christopher Gilreath GILREATH & ASSOCIATES, PLLC 200 Jefferson Avenue, Suite 711 Memphis, TN 38103 Telephone: (901) 527-0511 Facsimile: (901) 527-0514 [email protected] Konstantine W. Kyros, Esq. KYROS LAW OFFICES 17 Miles Road Hingham, MA 02043 Telephone: (800) 934-2921 Facsimile: (617) 583-1905 [email protected] Erica C. Mirabella, Esq. MIRABELLA LAW, LLC 132 Boylston Street, 5th Floor Boston, MA 02116 Telephone: (617) 580-8270 Facsimile: (617) 583-1905 [email protected]

s/ Eugene J. Podesta, Jr.

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EXHIBIT A

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Service of Process Transmittal 02/27/2015 CT Log Number 526663586

TO:

Danette Bottelsen, Senior Director, Tax World Wrestling Entertainment, Inc. 1241 E Main St Stamford, CT 06902-3520

RE:

Process Served in Tennessee

FOR:

World Wrestling Entertainment, Inc. (Domestic State: DE)

ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS: TITLE OF ACTION:

Cassandra Frazier, individually and as next of kin toher deceased, etc., et al., Pltfs. vs. World Wrestling Entertainment, Inc., Dft.

DOCUMENT(S) SERVED:

Summons, Return, Complaint

COURT/AGENCY:

Shelby County Circuit Court - Thirtieth Judicial District, TN Case # CT00070215

NATURE OF ACTION:

Wrongful Death - 02/18/2014

ON WHOM PROCESS WAS SERVED:

C T Corporation System, Knoxville, TN

DATE AND HOUR OF SERVICE:

By Process Server on 02/27/2015 at 14:55

JURISDICTION SERVED :

Tennessee

APPEARANCE OR ANSWER DUE:

Within 30 days after service, not counting the day of service

ATTORNEY(S) / SENDER(S):

R. Christopher Gilreath Gilreath ft Associates 200 Fourth Avenue Suite 711 Memphis, TN 38103 901-527-0511

ACTION ITEMS:

SOP Papers with Transmittal, via Fed Ex 2 Day , 780277805143 Image SOP Email Notification, Meg Ytuarte [email protected] Email Notification,James Langham [email protected] Email Notification, Stephanie Mecca [email protected]

SIGNED: ADDRESS:

C T Corporation System 800 S. Gay Street Suite 2021 Knoxville, TN 37929-9710 216-802-2121

TELEPHONE:

Page 1 of 1 / HP Information displayed on this transmittal is for CT Corporation's record keeping purposes only and is provided to the recipient for quick reference. This information does not constitute a legal opinion as to the nature of action, the amount of damages, the answer date, or any information contained in the documents themselves. Recipient is responsible for interpreting said documents and for taking appropriate action. Signatures on certified mail receipts confirm receipt of package only, not contents.

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(ORCUrriCHANGERY3 COURT OF TENNESSEE 140 ADAMS AVENUE, MEMPHIS, TENNESSEE 38103 FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS

SUMMONS IN CIVIL ACTION Docket No.

Lawsuit

C/--e,c407c>2.-

Ad Damnum $

C Divorce

WORLD WRESTLING ENTERTAINMENT, INC.

CASSANDRA FRAZIER, et al

VS

Plaintiff(s)

Defendant(s)

TO: (Name and Address of Defendant (One defendant per summons)) World wresting Entertainment, Inc. SERVE: CT Corporation 800 Gay Street Suite 2021 Knoxville, TN 37929

Method of Service: (- Certified Mall Shelby County Sheriff Commissioner of insurance ($)

C Secretary of State ($) (' Other TN County Sheriff (5) 9 Private Process Server

C Other ($) Attach Required Fees You are hereby summoned and required to defend a civil action by filing your answer with the Clerk of the Court and Plaintiffs serving a copy of your answer to the Complaint on R. Christopher Wreath ,telephone 9015270511 attorney, whose address is 200 Jefferson Ave, Suite 711, Memphis, TN 38103 within THIRTY (30) DAYS after this summons has been served upon you, not Including the day of service. If you fall to do so, a Judgment by default may be taken against you for the relief demanded in the Complaint

-

TESTED AND ISSUED

BY

D.C.

TO THE DEFENDANT: NOTICE; Pursuant to Chapter 919 of the Pubik Acts of 1980, you are hereby given the following notice: Tennessee law provides a four thousand dollar ($4,000) personal property exemption from execution or seizure to satisfy a judgment If a Judgment should be entered against you In this action and you wish to claim property as exempt, you must file a written list, under oath, of the Items you wish to daim as exempt with the Clerk of the Court. The list may be Med at anytime and may be changed by you thereafter as necessary; however, unless It Is filed before the Judgment becomes final, It will not be effective as to any execution or garnishment Issued prior to the fling of the list Certain Items are automatically exempt by law and do not need to be listed. These include items of necessary wearing apparel (clothing) for yourself and your family and trunks or other receptacles necessary to contain such apparel, family portraits, the family Bible and school books. Should any of these Items be seized, you would have the right to recover them. If you do not understand your exemption right or how to exercise It you may wish to seek the counsel of a lawyer. FOR AMERICANS W1711 DISABLES ACT (ADA) ASSISTANCE ONLY, CALL (901) 222-2341 I, JIMMY MOORE / DONNA RUSSELL, Clerk of the Court Shelby County, Tennessee, certify this to be a true and accurate copy as filed this

JIMMY MOORE , Clerk / DONNA RUSSELL. Clerk and Master

By:

, D.C.

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RETURN OF SERVICE OF SUMMONS I HEREBY CERTIFY THAT I HAVE SERVED THE WHIN SUMMONS: By delivering on the

.20

day of

at

M a copy of the summons

and a copy of the Complaint to the following Defendant at

BY: Signature of person accepting service

Sheriff or other authorized person to serve process

RETURN OF NON-SERVICE OF SUMMONS I HEREBY CERTIFY THAT I HAVE NOT SERVED THE WITHIN SUMMONS: To the named Defendant because

is (are) not to be found in this County after diligent search and inquiry for the following

reason(s):, This

day of

.20

By: Sheriff or other authorized person to serve process

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IN THE CIRCUIT COURT OF SHELBY COUNTY, TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS

CASSANDRA FRAMER, individually and as next of kin to her deceased husband, NELSON LEE FRAZD3R, JR. A/K/A "MABEL" A/K/A "VISCERA" A/K/A "BIG DADDY V" A/K/A "KING MABEL," and as personal representative of THE ESTATE OF NELSON LEE FRAZIER, JR, DECEASED,

Case No. C.T-

000360 — 15

JURY DEMAND

PlaintifL

Ea LE 1 8 2015 ITCIRCUIT - FEBCOURT CLERK

V. WORLD WRESTLING ENTERTAINMENT, INC.,

BY~1•101•1011=••••~1.11•1114MMINIMI.P.C.

Defendant.

COMPLAINT' COMES NOW the Plaintiff; Cassandra Frazier, Individually and as PC17301181 Representative of the Estate of Nelson Lee Frazier, Jr. and as successor in interest to her deceased husband, Nelson Lee Frazier, Jr., hereby complains of Defendant World Wrestling Entertainment, Inc. ("WWE" or "Detracted", and alleges as follows: Summary I.

Plaintiff Cassandra Frazier is the wife and next of kin of the deceased,

Nelson Frazier, Jr., a famous international professional wrestler better known by his ring names "Mabel," "King Mabel," "Viscera," and "Big Daddy V." 2.

Plaintiff brings this suit for (Images sounding in negligence, wrongful

death other causes of action, predicated on the WWE's wrongful conduct giving rise to 1

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the long-term consequences of multiple concussions and other serious, permanent, and disabling injuries suffered during Nelson Frazier, Jr.'s approximately fifteen-year WWE career. Plaintiff, as the sole surviving spouse and next of kin of Nelson Frazier, Jr., is the successor in interest to Nelson Frazier, jr. and is the personal representative of the Estate of Nelson Frazier, Jr. Mr. Frazier died February 18, 2014 at the age of 43 as a result of injuries he sustained as a result of wrestling for the WWE. Plaintiff seeks compensation and such further relief as justice may require for accumulation of long-term chronic injuries, chronic traumatic encephalopathy (CTE), financial losses, pain and suffering, expenses, loss of enjoyment of life, and intangible human losses suffered by the Plaintiff as a result of WWE's willful, wanton, reckless, and grossly negligent and other conduct and omissions, which resulted in Mr. Frazier suffering repetitive serious head injuries, brain trauma, concussions, other serious injuries, and eventually the heart attack which took his life. History of the WWE 3.

The history of the WWE dates from 1952 when Jess McMahon founded

Capitol Wrestling Corporation. Through the years the organization went through several name changes including World Wrestling Federation (WWF), World Wrestling Entertainment (WWE), and its current simple title, WWE, though the legal entity is still World Wrestling Entertainment, Inc. (hereinafter, collectively, "WWE"). AT all times relevant to this case, Defendant WWE was the successor company to all previous named entities referenced in this Complaint. 4.

At the time of its creation in the 1950s, the WWE was one of many

wrestling organizations in the United States and wrestlers around the country worked for

2

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dozens of promotion companies. The companies were largely regional with the WWE controlling wrestling in the Northeast. Wrestlers then and now were part of a subculture of entertainers that by virtue of their unique size, skills and individual performance abilities worked as independent talent, often without formal employment contracts. 5.

Under the control of Vince McMahon (hereinafter "McMahon"), now the

world's most famous wrestling promoter, the WWE steadily consolidated its market share. In 1982, McMahon acquired the company from his father. McMahon rapidly expanded his company by promoting in areas throughout the United States, displacing the smaller regional businesses. He took advantage of cable television, pay-per-view and vastly expanded the reach and popularity of the sport through innovative promotion and creative presentations. 6.

The 1980s saw wrestling surge in popularity largely due to this expanded

reach on TV as well as the new approach that included developing storylines and promoting individual wrestlers on the national and international stage. 7.

Central to the success of the WWE under the leadership of McMahon was

the development of the wrestler as an individual with a larger than life personality who adopts a stage name, which McMahon refers to as an 'alter ego'. The wrestler would often adopt a certain character, clothing or costume, and wrestling style to become a recognizable star. Development of these characters was encouraged and directed by WWE, with participation by the wrestler. A wrestler's persona usually develops into a heroic good guy, also called a 'face,' or alternatively the wrestler is cast as a villain or 'heel.' These roles are often more nuanced, however, and may be manipulated to enhance storylines and keep audiences entertained. Regardless of the storyline or character

3

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developed, Defendant WWE would develop and then exploit such characters for the purpose of creating entertainment draws to maximize audience, television market share, ticket sales for events, merchandise sales, and other profit-driven endeavors. 8.

Central to the history and success of the WWE are the characters of

wrestlers who, like Hulk Hogan, were used to generate millions of viewers through their showmanship, charisma, name recognition and unique character. Hulk Hogan was handpicked by Vince McMahon to be the WWE's star, a move that surely worked to popularize the WWE and make it a household name. 9.

The WWE competed with Ted Turner and Time Warner's World

Champion Wrestling (WCW) for greater market share throughout the late 1980s and 1990s with the 'WWE eventually buying the WCW in 2001. 10.

Today the WWE is the largest professional wrestling company in the

world, with no close competitors. It holds approximately 320 matches each year; it oversees a media empire showing its television programs to 36 million viewers in 150 countries; and it recently launched an online video streaming service branded the WWE Network. It is now a publicly traded company that is privately controlled by McMahon . and his family. McMahon and his wife Linda control about 70% of the equity and 96% of the voting power. The WWE has reported annual revenues of over Eve hundred million dollars ($500,000,000.00).

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WWE Disregards Wrestlers' Safety 11.

Despite the massive cultural and commercial success of professional

wrestling under the leadership of the WWE and Vince McMahon, the WWE has tragically failed to protect its wrestlers from harms orchestrated, perpetuated, encouraged, demanded, and otherwise created by WWE. Through its years of development, growth, and success, despite the increase in revenues to WWE, and despite the development of medical knowledge and science concerning the dangers of head injuries, WWE consistently ignored and disregarded risks of harm to its wrestlers. However, Defendant WWE consistently kept antiquated rules and traditions in place to maintain the "entertainment value" of its products, rather than concern itself with the wellbeing of the wrestlers. The result was that despite the years of abuse, injury, trauma, and impact suffered by WWE wrestlers, the wrestlers in turn received little to no healthcare or appropriate medical treatment from WWE. 12.

Notably, the WWE utterly failed to protect its wrestlers from head

injuries. Despite the fact that many, if not most, wrestling moves involve head trauma, the WWE took no steps to prevent these injuries for decades, and to this day, it still attempts to downplay their significance. Despite massive and irrefutable medical evidence that has linked concussions with long-term neurological problems and permanent brain damage, the WWE did not warn its wrestlers about concussions or head injuries, nor did the WWE educate wrestlers, including Mr. Frazier, about the associated risks. 13. . Through the culture created by WWE, its actions toward the wrestlers, including Mr. Frazier, and through the positions and actions and inactions perpetuated by

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WWE, Defendant has, effectually, disavowed, concealed, and prevented any medical care for these head injuries from being provided or allowed to wrestlers on a repetitive basis. The WWE, as organizer and purveyor of professional wrestling, in which head trauma is a regular and repeated occurrence, had a duty to take measures to protect its wrestlers. The WWE was aware, or should have been aware, of the risks of repeated head trauma and multiple concussive events, but nevertheless chose to deliberately ignore and conceal from the wrestlers and their families the risks of serious long-term health effects resulting from head injuries. 14.

The WWE also had a duty, both at law as well as a voluntary and assumed

duty, to care for its wrestlers, by virtue of the extent to which WWE controlled and directed development of characters, orchestration of physical moves and spectacles at itse events, and the extent to which WWE perpetrated placing its wrestlers at risk of harm and repetitive trauma. However, the WWE regularly failed to fulfill this duty, and many wrestlers, including Nelson Frazier, Jr., worked through serious illnesses and painful, debilitating, and permanent physical injuries. The WWE voluntarily assumed a duty to monitor and maintain its wrestlers health through its announced health policies. Mr. Frazier in particular suffered from diabetes, an enlarged heart, and obesity. In one case, Mr. Frazier even wrestled while he was diagnosed with pneumonia, yet he was cleared by WWE medical staff and encouraged to risk his life by wrestling for the WWE. The WWE chose to actively deceive wrestlers such as Mr. Frazier and encourage them to continue to wrestle despite poor and failing health. The WWE encouraged them to wrestle prematurely after injuries and concussive events, thereby creating further risk of future

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harm, often in the face of actual knowledge of increased risk of harm to wrestlers, including Nelson Frazier, Jr. 15.

Mr. Frazier, in turn, relied on the WWE's deceptive statements and efforts

to conceal medical evidence, resulting in his misinformed belief that concussive events and wrestling with serious illnesses and injuries did not present serious life-threatening risks. Nelson Frazier, Jr. was in an inferior bargaining position to WWE, as well as an inferior position to know the scope of risks to which WWE insisted he participate. As a result, he regularly returned to wrestle prematurely, despite suffering injury from a previous match, without adequate time to heal. Subsequently, as Mr. Frazier's health further declined, the WWE did nothing to help him manage or treat his injuries and wrestling-related medical conditions. 16.

The WWE's active and purposeful concealment and misrepresentation of

the severe neurological risks of multiple concussive events exposed wrestlers, including Mr. Frazier, to dangers they could have avoided had the WWE provided them with truthful and accurate information. Mr. Frazier, before his untimely death, suffered symptoms of severe and permanent brain damage, including but not limited to, Chronic Traumatic Encephalopathy (CTE). Mr. Frazier suffered several other injuries while performing for the WWE which eventually led to permanent disability and contributed to his pain and suffering, death, and damages,to self and his widow. The WWE's negligence, wrongful acts and omissions were the cause of these injuries and contributed to his death. In sum, the WWE actively, willfully, recklessly, and negligently concealed important medical information from its wrestlers and deceived them concerning the effects of multiple head trauma and prematurely allowed them to return to wrestling

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matches even when injured;. as a result, wrestlers, including Mr. Frazier, suffered serious permanent and debilitating injuries, damages, and in the case of Mr. Frazier, death.

The WWE Record: Death, Drug Addiction, Suicide, Heart Attack What Really Goes on 17.

The WWE has for years ignored the growing list of wrestlers who have

died during or after their work for the WWE. in an unmistakable pattern, WWE wrestlers have died at a staggering rate under the age of 50. WWE in fact perpetrates a culture of neglect and disregard of its wrestlers, despite subjecting them to significant and repetitive traumas, such that wrestlers often fall into patterns of behavior designed to cope with such traumas: namely, many wrestlers, faced with repeated injuries, pain, trauma, and need to physically recover to participate in the next match, turn to medication to aid their recovery; often times the use of pain and other medications leads to dependency, which leads to addiction; subsequently the addiction deepens as wrestlers continue to be required to perform, despite ongoing medical and psychological difficulties, all for the sake of "entertainment;" dependency on these measures deepens, leading to long-term, sometimes permanent problems, including death. The pattern of a large number of these deaths is similar and involved drug abuse that began when the wrestler became dependent on pain killers to combat painful injuries sustained while working long hours in the ring with insufficient rest, poor or nonexistent safety rules, and no access to health care or health insurance provided by the WWE. 18.

Although the WWE has grown into a billion dollar business, it kept

antiquated or non-existent safety rules for decades that failed to protect its wrestlers.

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Despite the billions of dollars earned by the WWE, it signs all new Talent to completely one-sided Independent Contractor agreements that attempt to disclaim all liability and provide no short term or long term care. 19.

The WWE coerces its wrestlers to work while they are injured by

threatening to strip them of their position, character, public "statute" within the WWE story line, and other notoriety and opportunities within the organization if they refuse. If the wrestler's act is a popular one, the wrestler will be encouraged to work through injuries so as not to lose his spot on the various televised WWE programs. The more a wrestler performs on television, and the more dramatic the matches they work, the greater their notoriety becomes, whether being case as a hero or villain. WWE allows and deliberately encourages such events to continue, regardless of the harm caused to the wrestlers. 20.

The WWE's obsessive focus on profit has created a corporate culture that•

enforces a code of silence on injuries. The WWE uses intimidation and economic coercion to discourage wrestlers from reporting injuries or seeking medical attention. The WWE adhered to a general policy that 'there was no getting injured' in the WWE, meaning wrestling in the organization meant enduring injuries and pain in order to keep one's job and livelihood. Wrestlers are universally encouraged to 'wrestle through the pain' in order to keep working to maximize profit for the WWE. 21.

Inevitably many wrestlers turn to powerful pain medications and muscle

relaxers that are routinely used and were often dispensed by WWE affiliated doctors or staff without a prescription. Many wrestlers use steroids in order to heal faster and increase their performance. In addition to painful injuries, the unseen head trauma from

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repeated blows to the head, day after day, takes its toll on the wrestlers who often exhibit symptoms of brain damage: memory loss, headaches and migraines, confusion, depression and violent personality changes. To ease the pain of injuries many turn to drug and alcohol abuse, which leads to addiction, drug overdoses, suicide and heart attacks. The disproportionately large number of these deaths is a direct result of the total failure by the WWE to maintain a minimal standard of care to the thousands of wrestlers who performed under its banner. JURISDICTION AND VENUE 22.

This Court has venue over this action pursuant to Tenn. Code Ann. §20-4-

101 et seq. as the cause of action arose in Shelby County, Tennessee, and because substantial events and/or omissions giving rise to this case arose in Shelby County, Tennessee. 23.

This Court has personal jurisdiction over the Defendant because it

conducts substantial and continuous business in the State of Tennessee and Shelby County, and has continuing contacts with the Shelby County and the State of Tennessee. 24.

At the time of his death on February 18, 2014, Nelson Frazier, Jr. resided

in Memphis, Tennessee, within Shelby County. PARTIES 25.

Plaintiff Cassandra Frazier, individually and as successor in interest to her

deceased husband and on behalf of his Estate, is a citizen and a resident of Memphis, Tennessee, within Shelby County. 26.

Defendant World Wrestling Entertainment, Inc. is a Delaware corporation

doing business in the state of Tennessee. Defendant maintains a principal business

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address of 1241 E. Main Street, Stamford, Connecticut 06902-3520. Defendant may be served with process through its registered agent, C.T. Corporation System, 800 S. Gay Street, Suite 2021, Knoxville, Tennessee 37929-9710. FACTUAL ALLEGATIONS Deaths of Wrestlers in the WWE 27.

The number of wrestlers that have died who wrestled in the WWE at one

time or another is simply astonishing and unprecedented in the history of athletics.' A well-known journalist who follows the issue observed: "literally the dozens of wrestlers in their twenties, thirties, and forties have dropped dead in the last two decades- a staggering epidemiological trail hidden in plain sight, noticed by few, cared about by fewer still."2 28.

Vince McMahon, the owner of the WWE, was asked about the death rate

in wrestling in an infamous interview with investigative reporter, Armen Keteyian in a .

TV program titled "Deaths in Pro Wrestling" that aired on June 24, 2003 on HBO Real Sports. Keteyain asked Mr. McMahon, "Do you have a reason why these people would be dying under the age of 45?" and "If [the death ratel in any way shape or form falls on your shoulders?" Mr. McMahon replied, "I would accept no responsibility whatsoever for their untimely deaths, none whatsoever." Keteyain pressed: "But none whatsoever? I mean they wrestled for you, they were part of your organization, they worked a couple hundred nights a year for you, they lived this lifestyle." Mr. McMahon becomes visibly agitated and flicked a folder at Mr. Keteyain. More than a decade after this interview, it is

I Nearly all wrestlers have worked in other organizations during their career. Muchnick; Irvin, Wrestling Babylon, p. 136 (ECW Press 2007).

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cleat, based on the increasing rate of deaths of both former and current wrestlers, that little, if anything has changed within the WWE. 29

Below is an incomplete list of nearly forty of those wrestlers who worked

with the WWE at one time or another and lost their lives prematurely. These men and women are nCi longer here to tell their tragic story: they nearly all either fell in the terrible .cycle Of ditig addiction; Suffered heart attacks, or in Some cases, committed suicide, an. .unfortunately prevalent cause of mortality among WWE wrestlers.

30.

Andrew Martin, a WWE wrestler also known by his ring name "Test,"

died Match 13, 2009 at the age of 34 of an apparent drug overdose. Mr. Martin's btain tissue was examined by a forensTic pathologist who diagnosed him with Chronic Traumatic Encephalopathy (CTE) caused by repeated concussions and head injuries.

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31.

Lance Kurtis McNaught, a W-VVE wrestler also known by his ring name

Lance Cade, died August 13, 2010 at the age of 29 of a heart attack that may have been drug-related.

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Sean'Christopher Haire, a WWE•wrestler also known by his ring name

Sean O'Haire, died September 8, 2014 at the age of 43. It was reported that Mr. Haire committed suicide after battling depression and personality changes.

33.

Steve Bradley, a WWF wrestler, died December 4,2008 at the age of 32.

He died of a possible drug overdose.

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34.

Matt Osborne, a WWF wrestler known by his ring name Doink the Clown,

died June 28, 2013 from heart disease at the age of 55. Osborne reportedly battled drug addiction for years prior.

35.

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Chris Candido, a WWE wrestler, died on April 28, 2005 from wrestling

related injuries at the age of 33.

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36.

Tony Halme, a WWE Wrestler known by the ring name Ludvig Borga,

died January 8, 2010 at the age of 47. Mr. Halme allegedly committed suicide with a handgun.

37.

Christopher Klucsarits, a WWF Wrestler known by the ring name Chris

Kanyon, died on April 2, 2010 at the age of 40. Mr. Klucsarits allegedly committed suicide by overdosing on drugs.

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Edward Smith "Eddie" Fatu, a WWE wrestler known by the ring name

Umaga, died on December 4, 2009 at the age of 36. He died of a heart attack which was reportedly related to drug use.

39. Steve Doll, a WWF wrestler known by the ring name Steven Dunn, died on March 22, 2009 at the age of48. Mr. Doll died of a blood clot due to long term injuries sustained while wrestlirig.

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40.

Brian Keith Adams, a WWF wrestler known by the ring name Crush died

on August 13, 2007 at the age of 43. He died of an apparent drug overdose.

41.

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Mike Lee Alfonso, a WWF wrestler known by the ring name Mike

Awesome, died on February 17, 2007 at the age of 42. He died of apparent suicide.

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42.

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Scott Charles Bigelow WWF Wrestler known by the ring name Barn

Barn Bigelow died January 19, 2007 at the age of 45. He reportedly died of a drug overdose arid heart disease.

43.

Eddie Guerrero, a many time WWE champion wrestler, died November

3, 2005 at the age of 38. Mr. Guerrero died of heart failure after battling drug addiction.

Jet 44. Raymond Fernandez, a WWF wrestler known by the ring name Hercules Hernandez, died March 6, 2004 at the age of 47. He died of a heart attack. 19

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Michael John Lockwood, a WWF/WWE wrestler known by the ring name

Crash Holly, died November 6, 2003 at the age of 32. Mr. Lockwood reportedly committed suicide by drug overdose.

4 . Michael Hegstrand, a WWF wrestler known by the ring name Road Warrior Hawk, died October 19, 2003 at the age of 43. He died of a heart attack.

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47.

Terry Ray Gordy, a WWF wrestler known by the stage name the

Executioner, died July 16, 2001 at the age of 40. He died of a heart attack.

48.

Anthony Durante, a WWF wrestler known by the ring name..Pitbull #2,

died September 25, 2003 at the age of 36. He allegedly died of a drug overdose.

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49.

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Curt Henning, a World champion WWE wrestler known by the ring name

Mr. Perfect, died on February 10, 2003 at age 44. He died of a reported drug overdose.

50.

Raymond Traylor, Jr., a WWF wrestler known by the ring name The Big

Boss Man, died September 22, 2004 at age 41. He died of a heart attack.

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51.

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Rodney Agatupu Anoa'I, a WWF wrestler known by the ring name

Yokozuna, died October 23, 2000 at age 34. Be died of pulmonary edema, weighing 580 pounds.

52.

Owen James Hart,. a WWE world champion wrestler, died May 23, 1999

at. age 34. He fell to his death while performing a stunt during a live WWE event.

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53.

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Richard Erwin Rude, WWE wrestler, stage name Ravishing Rick Rude

died April 20, 1999 at age 40. He died of heart failure that was reportedly related to drug abuse.

54.

Louis /vlucciolo, Jr. WWF wrestler, stage name Rad Radford died

February 15, 1998 at age 27. He reportedly died of a drug overdose

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55.

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Brian William Pillman, WWF wrestler, died October 5, 1997 at age 35.:He

died of heart failure.

56

Kerry Von Erich WWI: wrestler, died February 18, 1993 at age 33. Mr.

Von Erich reportedly committed suicide. Mr. Von Erich came from a noted wresting family, and two of his brothers who wrestled professionally also died by their own hand.

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Eddie Gilbert, a *W wrestler known by the stage. name "Hot Stuff,"

died February 18, 1995 at age 31 He died of a heart attack that was repotted to be drug. related. . •

58. Randy pavage, known by the stage name "Macho Man" was widely considered one of thebest and•Most popular Wrestlers of the modern era. He died May 1.

20, 2011 at age 58 of heart failure..

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59

Elizabeth Ann Hulette, a WWF wrestler known by the stage name Miss

Elizabeth, died May 1, 2003 at the age of 42. She died of a reported drug and alcohol overdose.

60

Warrior (formerly known as James Brian Hellwig), a WWF wrestler

known by the stage name Ultimate Warrior, died April 8, 2014 at age 54. He died of a heart attack three days after being inducted into the WWE Hall of Fame.

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61.

Doug Furnas, a WWF wrestler, died March 2, 2012 at the age of 52. He

died of a heart attack; he also suffered from Parkinson's disease. 2.7.k

62.

Mike Shaw, a WWF wrestler known by the ring name Bastion Booger,

died September 11, 2010 at the age of 53. He died of a heart attack.

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63.

Robert Bradley James, a WWE wrestler, died November 1, 2012 at the

age of 51. He died of an apparent heart attack.

64.

Shawn McGrath, a WWE wrestler with the ring name Shawn Osborne,

died January 26, 2011 at the age of 34. He allegedly committed suicide.

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65.

Gertrude Elizabeth Vachon, a WWF wrestler known by the ring name

Luna Vachon, died August 27, 2010 at the age of 48. She died of an apparent drug overdose.

66

Rhonda Ann Sing, a WWF wrestler known by the stage name Monster

Ripper, died July 27, 2001 at the age of 40. She died of a heart attack.

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67.

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Sherri Schrull, a WWF Women's Champion wrestler, died June 15, 2007

at the age of 49. She died of an apparent drug overdose.

68.

David Boy Smith; a W'WF wrestler known as Davey Boy Smith; died May

8, 2002 at the age of 39. He died of an apparent drug abuse related heart attack.

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Chris Benoit, WWE wrestler died June 24, 2007 at the age of 40. In one of

the most infamous events in the WWE's tragic history, Mr. Benoit killed his wife and son before taking his own life. Mr. Benoit's brain was examined and he was found to have Chronic Traumatic Encephalopathy (CTE). The neurologist who studied the tissue reported that," Benoit's brain was so severely damaged it resembled the brain of an 85year-old Alzheimer's patient. 70.

The death rate among WWE wrestlers has yet to be subjected to statistical

analysis by an expert qualified to conduct a such a study; however, upon information and belief, such an analysis would indicate that the death rate among wrestlers exceeds that of any similar athletic profession or any professional sport, as well as in excess Of other segments of the U. S. population. Nature of WWE Professional Wrestling Performances 71

Throughout their tenure at the WWE, wrestlers sustain numerous blows to

their heads. The choreographed and visually dramatic signature wrestling moves that are enjoyed by many to watch have a hidden side effect for the wrestlers that perform these dangerous stunts. The long-term effects of repeated falls, bumps and moves that rektItin hits to the head lead to long-term brain damage. 32

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72.

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Pro wrestling of the type the WWE promotes features techniques that

require significant skill and training. The WWE begins training Talent in facilities throughout the United States. The WWE employs trainers to advise wrestlers how to conduct various maneuvers that constitute the action. In this way, WWE promotes and educates wrestlers, like Nelson Frazier, in the moves they will use during WWE matches, which will be incorporated into the "story lines" of the matches organized, choreographed, and orchestrated by WWE. 73.

The WWE undertakes a duty to the wrestlers in its sponsored matches

because it has provided for their training with specialized trainers that the WWE employs specifically for the purpoSe of developing new Talent and launching careers through its developmental training programs. Additionally, more experienced WWE wrestlers, who are sometimes called mechanics, train younger Wrestlers in the ring and teach them how to perform various moves. These moves and training are designed to promote, develop, and perfect the visual aspect of such moves, irrespective of the trauma they cause the wrestlers. 74.

At matches themselves, trainers along with other WWE employees and

bookers or booking agents organize and oversee the action that takes place in each performance. WWE, through its agents and employees, direct the structure and operation of each match, expecting the wrestlers chosen to perform the moves choreographed by WWE. Such choreography is planned, created, and directed for the purpOse of maximizing the visual "entertainment" factor of each match, irrespective of the trauma or harm to which the wrestlers are to be subjected, and irrespective of the present physical status of any participating wrestler.

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75.

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The booking agent is an employee of the WWE. The booking agent's

responsibilities include writing scripts for perfoil -lances, determining the order of events on a wrestling card, setting up the matches, and advising the wrestlers on what techniques must be used in each performance. The booker makes the "call," that is, instructs wrestlers what is going to happen in a match. Wrestlers, like Nelson Frazier, do not have a real option whether to perform the moves and actions created by WWE. Refusing to perform moves or subject themselves to bodily harm at the request of WWE is wounds for contract termination, and other financial and professional sanctions, all organized and crafted by WWE. 76.

Throughout the history of the WWE, the trainer, booker, and WWE staff

have been jointly responsible for the safety of the wrestlers involved in each performance. 77.

Upon investigation, wrestlers report that the WWE booking agents and

WWE staff routinely and systematically advise them to wrestle while injured, discourage appropriate medical treatment, and often encourage dangerous maneuvers for which some wrestlers have had inadequate training. 78.

The concepts for the storylines are provided by the WWE,, sometimes

from Vince McMahon himself, or his creative staff. These ideas are in turn given to the booking agents to implement. The booking agent then explains to the wrestlers what they are expected to do. 79.

The most basic wrestling move is called a "bump." A bump involves

falling to the matt backwards so the wrestler lands on his back. Wrestlers are taught to fall so that the top of their back hits the mat, and to avoid hitting their head. Inevitably

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however, depending on the speed at which they are taking the bump, they hit their head or neck resulting in head injury. 80.

Another defining professional wrestling move is called a "Body Slam." As

the name implies, it involves lifting up an opponent and throwing him/her down. A body slam in all of its forms is the most popular action of a wrestling performance. A slam is a type of "power move," as it demonstrates the physical strength of the wrestler and is delivered with different amounts of force. 81.

There are a myriad of professional wrestling moves. The nature of most of

the major moves involves throwing an opponent in a manner that results in some amount of head trauma. The most common "bump" means many repeated falls to the mat, which involves wrestlers falling on their backs, and sometimes their heads, at high impact. 82.

The various types of slams are delivered at various speeds and driving

force depending on the relative size and strength of the wrestlers. In order to avoid injuries, both wrestlers need to be properly trained in the moves. Even with proper training, wrestlers find if fireque tly impossible or impracticable to avoid suffering head injury during a match. 83.

Certain slam actions involve head drops in which an opponent is dropped

on their head. An experienced wrestler learns to tuck their chin, keeping their head out of the impact zone to avoid serious injury, however all such moves result in some head trauma and involve serious inherent risks to spine, neck and head. Such Moves are often 'botched' resulting in the head hitting the mat or other surface causing concussions. 84.

Some of the more dangerous slams involve acrobatic feats that involve

lifting opponents more than six feet in the air.

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Some of the more dangerous of the dozens of slam or.throw moves

employed in WWE events include: the neckbreaker, DDT, pile driver, brainbuster, and suplex. 86.

The various neckbreaker moves involve slams that attack the opponent's

neck, usually with a knee, shoulder or head. 87.

The DDT involves putting an opponent in a facelock or headlock then

falling down or backwards to drive the wrestler's head into the mat. The acronym is said to stand for such colorful names as Demonic Death Tap, Damien's Death Touch, Drop Down Town or Drop Dead Twice. The move is considered to be very dangerous as it can result in brain and spinal cord damage. 88.

A piledriver, a very popular WWE move, involves gabbing an opponent,

turning him upside down and dropping him or driving him head first into the mat. A piledriver, even when performed properly, presents near risks to the head. 89.

A brainbuster and its variants are moves in which the opponent is put in a

front facelock, hooked on the thigh, lifted vertically and driven into the matt on their head. 90.

A suplex has many variants that involve throwing opponents on their back

or head. The most dangerous suplex moves involve those off the top rope. Nature of WWE Professional Wrestling Performances 91,

The WWE has assumed a duty to govern the conduct of its wrestler's

performances by creating, perpetuating, and directing that wrestlers perform these various moves. Upon investigation, wrestlers report that the WWE has continually engaged in a

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pattern of behavior and practices deliberately designed to increase the injuries suffered by its wrestlers for the purposes of maximizing perceived "entertainment" value. 92.

Instead of making sure there are adequate training and safety protocols in

place, including stopping matches when wrestlers have sustained head injuries, the WWE, along with its staff, trainers, booking agents, doctors and medical professionals, have allowed wrestling events to continue, despite knowledge of the risks of harm to wrestlers. 93.

During and after wrestling events, medical professionals and associated

staff employed by the WWE have negligently or purposefully failed to diagnose concussions. Despite having assumed a duty to monitor head injuries, the WWE does little, if anything at all, for unseen neurological injuries. It downplays their significance and forces wrestlers to return to the ring too soon after they sustain a head injury. 94.

Though the WWE publicly denies that it has any duty to its former

wrestlers for long-term health care, the WWE has undertaken such a duty through the implementation of its "Talent Wellness Program to monitor the health and safety of the wrestlers. 95.

The WWE voluntarily assumed a duty on behalf of the wrestlers to acquire

and provide guidance and scientific research on the link between brain injuries sustained by WWE wrestlers. WWE voluntarily placed itself in the position of controlling and/or directing information to and from wrestlers, including medical infort iation and knowledge, and despite creating such a position for itself, failed to adequately communicate, educate, train, or instruct wrestlers in matters concerning medical matters and head injuries. Despite working to control the structure, information, and control of

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operationS,•And deVitelcnowleilge aVailablei WWE took no action to reitudethd ninth& or severity of concussions or other head injuries ainong its wrestlers. 96. . Additionally WWE has voluntarily assumed a duty to its former wrestlers through its creation .of a ProfesSonal Development Program and a SUbstance Abuse and Alcohol Program, both of which are offered to. retired wrestlers who are no longer have •any affiliation with the WWE. • Facts .Concerning Named Plaintiffs Decedent Nelson Lee Frazier, Jr. 97.

Plaintiff's Decedent, Nelson Lee 'Frazier, Jr. was. a WWE supers

eginningliiScareer with the organization at the age Of 21 in 1993: He *ieSt1e4 With the . WWE for over fifteen years. He Appeared regularly On most of the major WWE television programs. He wrestled during the.rndnyso-called eras of the WE; the new • generation eta, the attitude era, and‘the ruthless aggression era, with transformation aids .:.ohatactet figining prominently into the stOrylines of the WWE in each:era. His successful career led to various accomplishments within the WWE including Mr. Railer being named World Tag Team champion, Hardcore Champion, and King of the Ring:

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Mr. Frazier wag known for his overwhelming size. His height and weight

were variously billed as being 6' 9" tall and approximately 500 pounds. His current biography on the official WWE website explains: "this 487 pound monster was always one of the most intimidating Superstars in the WWE."3 99.

Pro wrestling of the type the WWE promotes is obsessed with the size of

the wrestlers. Being a "giant" is not only part of the act, it is a selling point to attract audiences and deliver profits for the WWE. 100.

From 1993 to 1996, Frazier took the name Mabel and wrestled as part of a

hip-hop themed tag team called Men on a Mission, abbreviated M.O.M, which also stood for the names of the team members: Mabel (Frazier) and a rapper manager named Oscar (Greg Girard), along with another wrestler named Mo (Robert Lawrence Horne). The act took advantage of the 1990s popularity of rap music with the wrestlers dressed in shiny purple suits and tights. Their mission was to 'make a difference' in inner cities and they conveyed positive upbeat attitudes. 101.

As the act evolved, Frazier was recast as a thug or heel in 1995. This

transfoimation resulted in Oscar leaving the WWE. He later told the media he objected to the negative recast of the team as being gangsters.' 102.

The transformation was in part due to the fact that the new WWE hero,

Diesel (Kevin Nash) needed a formidable opponent. This conflict eventually led Frazier to becoming the top villain in the WWE. In 1995 he won King of The Ring and became known as King Mabel.

See, WWE.com, http://www.wwe.cornisuperstars/bigdaddyv, last accessed February 12, 2015. See, PWInsider.com, http://pwinsider.com/article/41503/oscar-reveals-why-he-was-kicked-out-of-menon-a-mission-why-pn-news-failed-details-on-the-mom-reunion-and-more-in-his-first-ever-shootinterview.html?p=1, last accessed February 13, 2015. 3

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During an event known as SuminerSlam!, Frazier injured his back. But he

was returned to wrestle, one journalist observed, "McMahon was determined to get everything he could out of his investments in Mabel and moved him into a feud with the Undertaker."5. The Undertaker, who was to become one of the most storied wrestlers in the history WWE, was injured in the match. In 1998 Frazier wrestled Ken Shamrock to, cOmpete for the king of the ring title again and lost. 104.

In 1999 Frazier returned to the WWE' s very popular Monday night Raw,

during the so-called Attitude Era, reintroduced as Viscera. The new character was part of a storyline of evil characters referred to as the Ministry of Darkness. Led by The Undertaker, the Ministry of Darkness included quasi-Satanic themed storylines that involved rituals, spells and sacrifices. The storyline had Mabel abducted by the Satanic Undertaker, who named him Viscera. 105.

Viscera adopted a gothic costume that included white contact lenses that

made him look like a zombie with a bleached Mohawk, black lipstick and a leather clad black bodysuit. Frazier wrestled as an enforcer of the Dark cult, in this leather costume. 106.

Once the Ministry Act ceased, Frazier participated in so-called 'hardcore'

wrestling. Hardcore Wrestling is a form of wrestling where 'hardcore rules apply.' These are rules are characterized by the absence of rules: disqualifications, count outs and the regular rules do not apply. The matches take place in unusual environments using ladders, chairs, tables, thumbtacks, barbed wire, shovel, baseball bats, golf clubs, hammers, axes, chains and other improvised weapons. The WWE Hardcore

5 See, Edmonton Journal, Intp://blogs.edmontonj ournal.com/2014/02/19/rip-nelson-frazier-jr-a-k-a-mabelking-mabel-viscera-big-daddy-v/# federated=1, last accessed February 13, 2015.

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Championship Title was briefly held by Frazier in April of 2000 in a confused match with the title changing hands many times. 107.

After a hiatus, Frazier returned to the Vv-WE from 2004-2008 and assumed

yet another identity, "The World's Largest Love Machine." These matches broadcast on the WWE Raw and Heat Television brands, featuring Frazier wrestling in Silk Pajamas and making overt sexual gestures in the ring. The storylines involved him attempting to seduce the Ring announcer Lillian Garcia, who he eventually won over. Garcia proposed to him in the ring, but another character, known as the Godfather, arrived with his "prostitutes" to show Viscera what he would be leaving behind if he accepted Garcia's proposal. Viscera decided to forsake marriage after all and lett Garcia crying in the ring. Afterwards, Viscera then teamed with wrestler named Val Venis to form V-Squared, where he performed for about a year on the WWE Heat Television program.

108.

In his final year at the WWE, Frazier was recast a final time as Big Daddy

V on another WWE Television series called ECW that broadcast on the Sci Fi Network.

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In these matches Frazier wrestled bare chested, showing his enormous weight and sporting numerous tattoos on his chest. He was asked by the WWE Magazine about the meaning of the Tattoos. He explained, "It's the sun and the crescent moon with the North Star. Just to make it simple, it's a sign of my spirituality and my belief in our universe. I'll leave it at that."6 Frazier wrestled his last match on March 11, 2008, losing to CM Punk. 109, Phil Brooks, known as CM Punk who wrestled last with Frazier in the WWE, is a well-known star and considered the longest reigning Champion of the modem era. CM Punk made headlines in November of 2014 in a noisy exit from the WWE, telling the media that he was cleared to wrestle after sustaining severe injuries. 110.

CM Punk has commented on the WWE's concussion policy, saying the

test is "bullshit" and that he passed the concussion test after getting hurt in November 2013, when be clearly should have failed. He explained that he only chose to continue to perform because he was WWE champion at the time. 111.

As described in more detail above, Nelson Frazier, Jr. had an extremely

long career performing under the direction of the WWE, including performing in many hardcore matches. He was first cast as Mabel, the loveable giant Hip-Hop with Men on a Mission; then King Mabel, a.sort of "gangster rap" villain; then Viscera, the evil minion of the Satanic Undertaker; then the World's Largest Love Machine; and finally as Big Daddy V. He performed these roles in these storylines, all of which were created by the WWE, at the direction of the WWE. The exploitive nature of many of these performances including roles that often cast him in an unflattering light, illustrate the nature of the See, WWE.com, hap://www.wwe.com/insideiwwe-magazine-nelson-frazier-interview-26182788, last accessed February 13, 2015.

6

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WWE. The WWE uses people like Mr. Frazier who over his long tenure used his body to perform dangerous stunts, even though he had a complicated medical history, weight issues and heart conditions. As a direct result of these performances, he sustained countless head injuries, concussions and numerous other physical injuries all without appropriate warnings about his long-term health or intervention and treatment by the WWE or its medical staff. 112.

Mr. Frazier bore visible, physical signs of this long career. Mr. Frazier had

large knots on his head, as the scar tissue on his skull formed into permanent lumps. He also evidenced indentations in his skull. 113.

Before his untimely death, Frazier exhibited severe symptoms of

neurological injuries, and other physical trauma. He suffered from confusion and disorientation: he often did not know 'whether he was coming or going.' Frazier had lost most of his short-term memory, could not remember discussions from moments or days before, and had difficulty performing basic tasks due to his inability to recall events or appointments. Frazier suffered from severe migaines for which he sought medical attention. Frazier suffered severe depression for which he sought medical attention. Frazier had sustained serious long-term brain damage from his WWE career. 114.

Frazier's broken spirit and body left him virtually penniless and he was

forced to pay cash for medical services in the months before his death. 115.

Nelson Frazier, Jr., in ailing health, collapsed after taking a shower in his

home on February 18, 2014, his wife by his side. He had a massive heart attack and died at age 43.

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Nelson Frazier Wrestled Hundreds of Times for the WWE Putting His Body in Harm's Way

116.

Throughout Nelson Frazier, Jr.'s WWE career he sustained numerous

head injuries and wrestled on a rigorous schedule for the WWE throughout the United States and the world. He appeared in Tag Team, Singles and Championship events on televised and pay-per-view events including but not limited to: WWF Superstars of Wrestling, Monday Night Raw, WWF Wrestling Challenge, Wrestlemania, SummerSlam, WWF Action Zone, Royal Rumble, WWF Shotgun Saturday Night, WWF In Your House, WWF No Mercy, WWF Smackdown!, WWF Jakked, WWF Survivor Series, WWE Backlash, WWF No Way Out, King of The Ring, WWE Cyber Sunday, WWE Armageddon, WWE New Year's Revolution, WWE Saturday Night's Main Event, Over The Edge, Sunday Night Heat, Heat, and ECW. 117.

On June 14,1993 Frazier performed as Mabel with Men on a Mission in.a

Tag Team Match opposing Barry Hardy and Duane Gill in an event on WWF Wrestling Challenge in Columbus Ohio. Upon information and belief he sustained head and other long-term injuries by participating in this event. 118.

On June 15, 1993 Frazier performed as Mabel with Men on a Mission in a

Tag Team Match opposing Chad Miller and Mitch Bishop in an event on WWF Superstars of Wrestling in West Virginia. Upon information and belief he sustained head and other long-term injuries by participating in this event. 119.

On July 6, 1993 Frazier performed as Mabel with Men on a Mission in a

Tag Team Match opposing Brain Costello and The Brooklyn Brawler in an event on WWF Superstars .of Wrestling In Wilkes-Barre, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 44

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On July 7, 1993 Frazier performed as Mabel with Men on a Mission in a

Tag Team Match opposing Glen Ruth and John Richner in an event on WWF Wrestling Challenge in Salisbury, Maryland. Upon information and belief he sustained head and other long-term injuries by participating in this event. 121.

'On July 19, 1993 Frazier performed as Mabel with Men on a Mission in a

Tag Team Match opposing Hank Harris and Rich Myers in an event on WWF Monday Night Raw in New York City. Upon information and belief he sustained head and other long-term injuries by participating in this event. 122.

On July 26th 1993 Frazier performed as Mabel with Men on a Mission in a

Tag Team Match opposing Iron Mike Sharpe and Jeff Libolt in an event on WWF Superstars of Wrestling in Utica, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 123.

On July 27, 1.993 Frazier performed as Mabel with Men on a Mission in a

Tag Team Match opposing Gus Kantarakis and Reno Riggins in an event on WWF Wrestling Challenge in Plattsburgh, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 124.

On August 16, 1993 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Barry Horowitz and Iron Mike Sharpe in an event on WWF Monday Night Raw in Poughkeepsie, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 125.

On August 17, 1993 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Mark Thomas and Russ Greenberg in an event on WWF

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Superstars of Wrestling in White Plains, New York. Upon inthnnation and belief he sustained head and other long-term injuries by participating in this event. 126.

On August 18, 1993 Frazier performed as Mabel with Men on a Mission

in ,a Tag Team Match opposing Richie Rich in an event on WWF Wrestling Challenge in Lowell, Massachusetts. Upon information and belief he sustained head and other longterm injuries by participating in this event. 127.

On August 31, 1993 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Damien Dement° and Rock Warner in an event on WWF Superstars of Wrestling in Grand Rapids, Michigan. Upon information and belief he sustained head and other long-term injuries by participating in this event. 128.

On September 1, 1993 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Chad Miller and Red Tyler in an event on WWF Wrestling Challenge in Saginaw, Michigan. Upon information and belief he sustained head and other long-term injuries by participating in this event. 129.

On September 25th, 1993 Frazier performed as Mabel with Men on a

Mission in a Tag Team Match opposing Steven Dunn and Timothy Well (The tag team called Well Dunn) in the WWF Madison Square Garden Show in New York City. Upon information and belief he sustained head and other long-term injuries by participating in this event. 130.

On September 27th, 1993 Frazier performed as Mabel on Monday Night

Raw in a twenty man Battle Royale in New Haven, Connecticut. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On September 29th, 1993 Frazier performed as Mabel with Men on a

Mission in a Tag Team Match opposing Jacques Rougeau and Pierre Ouellette (The Tag team known as The Quebecers) on WWF Wrestling Challenge in Portland, Maine. Upon information and belief he sustained head and other long-term injuries by participating in this event. 132.

On October 18, 1993 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Steve Greenman and Todd Mata on Monday Night Raw in Poughkeepsie, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 133.

On October 19, 1993 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing the Executioners on WWF Wrestling Challenge in Glen Falls, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 134.

On October 20, 1993 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing the Chuck Greenman and Iron Mike Sharpe on WWF Superstars of Wrestling in Burlington, Vermont. Upon information and belief he sustained head and other long-term injuries by participating in this event. 135.

On November 8, 1993 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Corey Student and Steve Smith on Monday Night Raw in Bushkill, Pennsylvania. Upon information and belief he sustained head and other longterm injuries by participating in this event. 136.

On November 9, 1993 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Joe Brennon and The Brooklyn Brawler in an event on

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WWF Wrestling Challenge in Carbondale, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 137.

On November 10, 1993 Frazier performed as Mabel with Men on a

Mission in a Tag Team Match opposing Gus Kantarakis and Steve Smith in an event on WWF Superstars of Wrestling in Delhi, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 138.

On November 24, 1993, Thanksgiving Eve Frazier performed as Mabel in

the WWF Survivor Series, a live pay-per-view event in the Boston Garden. A quick look at the participants in this match reveals that an almost inconceivable number of wrestlers that participated in this event are now deceased. The dead performers at this single event alone deliver a stark message: Nelson Frazier, Jr. (Mabel) dead at age 43; Scott Charles Bigelow (Bam Barn Bigelow) dead at age of 45; Gertrude Elizabeth Vachon (Luna Vachon) dead at age 48; Tony Halme (Ludvig Borga) dead at the age of 47; Owen Hart dead at age 34; Brian Keith Adams (Crush) dead at the age of 43; Rodney Agatupu Anoa'I, (Yokozuna) dead at age 34; Mike Shaw (Bastion Booger) dead at age 53 and Randy 'Macho Man' Savage one of the all time WWE stars dead at age 58. The dead are the main stars of the event and based on a count of the card, appear to represent more than one-quarter of the named participants. Upon information and belief Nelson Frazier, Jr. sustained head and other long-term injuries by participating in this event. 139.

On November 30, 1993 Frazier performed as Mabel with Men on a

Mission in a Tag Team Match opposing Chris Duffey and Reno Riggins in an event on WWF Wrestling Challenge in Springfield, Massachusetts. Upon information and belief he sustained head and other long-te in injuries by participating in this event.

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On December 1, 1993 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing iron Mike Sharpe and Mike Bell in an event on WWF Superstars of Wrestling in Utica, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 141.

On December 13, 1993 Frazier performed as Mabel with Men on a

Mission in a Tag Team Match opposing Barry Hardy and Duane Gill in an event on WWF Monday Night Raw in Poughkeepsie, New York. Upon infoimation and belief he sustained head and other long-term injuries by participating in this event. 142.

On January 10, 1994 Frazier performed as Mabel with Men on a Mission

in an event on WWF Monday Night Raw in Richmond, Virginia. Upon information and belief he sustained head and other long-term injuries by participating in this event. 143.

On January 11, 1994 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Fidel Sierra and Terry Thomas in an event on-WWF Wrestling Challenge in Florence, South Carolina. Upon information and belief he sustained head and other long-term injuries by participating in this event. 144.

On January 12, 1994 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Joey Stallings and Terry Austin in an event on WWF Superstars of Wrestling in Fayetteville, North Carolina. Upon information and belief he sustained head and other long-term injuries by participating in this event. 145.

On January 17, 1994 Frazier performed as Mabel with Men on a Mission

in the WWF Madison Square Garden Show in New York City. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On January 22, 1994 Frazier performed as Mabel with Men on a Mission

at the WWF Royal Rumble- a pay-per-view event in Providence, Rhode Island. Upon information and belief he sustained head and other long-term injuries by participating in this event. 147.

On February 2, 1994 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Chris Duffey and Iron Mike Sharpe in an event on WWF Wrestling Challenge in Springfield, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 148.

On February 21, 1994 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Steve Smith and The Brooklyn Brawler in an event on WWF Monday Night Raw in Poughkeepsie, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 149.

On February 22, 1994 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Jim Massenger and Todd Mata in an event on WWF Superstars of Wrestling in Bethlehem, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 150.

On February 23, 1994 Frazier performed as Mabel with Men on a Mission

in a Tag Team Match opposing Derek.Domino and Mike Bell in an event on WWF Wrestling Challenge in Locksheldreke, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 151.

On March 20, 1994 Frazier performed as Mabel with Men on a Mission in

a Tag Team Match opposing Jacques Rougeau and Pierre Ouellette (The Tag team known as The Quebecers) Wrestlernania X, In Madison Square Garden in New York

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City. Wrestlemania is the main annual event of the WWE, this match was voted match of the year, and according to Pro Wrestling Illustrated: 'one of the most groundbreaking matches in wrestling history.' Wrestlemania X was the first WWE event to feature a ladder match. A ladder is placed in the ring to be climbed to launch attacks and used as a weapon itself. Upon information and belief he sustained head and other long-term injuries by participating in this event. 152.

On March 22, 1994 Frazier performed as Mabel with Men on a Mission in

a Tag Team Match opposing Joey Stallings and The Black Phantom in an event on WWF Superstars of Wrestling in Lowell, Massachusetts; Upon infoonation and belief he sustained head and other long-term injuries by participating in this event. 153.

On March 23, 1994 Frazier performed as Mabel with Men on a Mission in

a Tag Team match opposing Emilio Ulicia and Iron Mike Sharpe in an event on WWF Wrestling Challenge in White Plains, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 154.

On April 11, 1994 Frazier performed as Mabel with Men on a Mission in a

Tag Team Match opposing Jacques Rougeau and Pierre Ouellette (The Tag team known as The Quebecers) on WWF Monday Night Raw in Utica, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 155.

On April 13, 1994 Frazier performed as Mabel in matches opposing Jim

Massenger and Pierre Ouellette in an event on WWF Superstars of Wrestling in Rochester, New York. Upon information and belief he sustained head and other longterm injuries by participating in this event.

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On April 26, 1994 Frazier performed as Mabel in a match opposing Mike

Bell on WWF Monday Night Raw in Burlington, Vermont. Upon information and belief he sustained head and other long-term injuries by participating in this event. 157.

On April 27, 1994 Frazier performed as Mabel in a match opposing Iron

Mike Sharpe in an event on WWF Superstars of Wrestling in Albany, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 158.

On April 28, 1994 Frazier performed as Mabel in a match opposing Corey

Student in an event on WWF Wrestling Challenge in Springfield, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 159.

On May 20, 1994 Frazier performed as Mabel in matches with Barn Barn

Bigelow and Kwang at the WWF Madison Square Garden Show in New York City. Upon information and belief he sustained head and other long-term injuries by participating in this event. 160.

On May 24, 1994 Frazier performed as Mabel in a match opposing Curtis

Harrison in an event on WWF Wrestling Challenge in Canton, Ohio. Upon information and belief he sustained head and other long-term injuries by participating in this event. 161.

On May 25, 1994 Frazier performed as Mabel in a Match Opposing

Nikolai Volkoff in an event on WWF Superstars of Wrestling in Erie, Pennsylvania. Upon information and belief he Sustained head and other long-term injuries by participating in this event.

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On June 19, 1994 Frazier performed as Mabel in a matchopposing Irwin

R Schyster in the WWF King of the Ring Pay-per-view event in Baltimore Maryland. Upon information and belief he sustained head and other long-term injuries by participating in this event. 163.

On June 21, 1994 Frazier performed as Mabel in a match opposing The

Black Phantom in an event on WWF Superstars of Wrestling in Wilkes-Bane, PennsylVania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 164.

On June 22, 1994 Frazier performed as Mabel in a match opposing Tony

Devito in an event on WWF Wrestling Challenge in Poughkeepsie, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 165.

On June 27, 1994 Frazier performed as Mabel in a match opposing Barn

Barn Bigelow and Luna Vachon On WWF Monday Night Raw in White Plains, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 166.

On June 29, 1994 Frazier performed as Mabel in a Live WWF match

opposing Barn Barn Bigelow in Bakersfield, California. Upon information and belief he sustained head and other long-term injuries by participating in this event. 167.

On July 1, 1994 Frazier performed as Mabel in a match opposing Austin

Steele On WWF Monday Night Raw in Bushkill, Pennsylvania. Upon information and belief he sustained head and other long-terin injuries by participating in this event

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On July 2, 1994 Frazier performed as Mabel in a match opposing Crush

and Yokozuna in an event on WWF Wrestling Challenge in Bethleham, Pennsylvania, Upon information and belief he sustained head and other long-term injuries by participating in this event. 169.

On August 2, 1994 Frazier performed as Mabel in a match opposing Barry

Horowitz in an event on WWF Superstars of Wrestling in Wheeling, West Virginia. Upon information and belief he sustained head and other long-term injuries by participating in this event. 170.

On August 15, 1994 Frazier performed as Mabel in a match opposing

Raymond Roy on Monday Night Raw in Lowell, Massachusetts. Upon information and belief he sustained head and. other long-term injuries by participating in this event 171.

On August 16, 1994 Frazier performed as Mabel in a match opposing Bill

Motta in the WWF Madison Square Garden show in New York City. Upon information and belief he sustained head and other long-term injuries by participating in this event. 172.

On August 25, 1994 Frazier performed as Mabel in a match opposing Jeff

Jarrett in the WWF SummerSlam in Chicago, Illinois. Upon information and belief he sustained head and other long-term injuries by participating in this event. 173.

On August 31, 1994 Frazier performed as Mabel in a match opposing

George Anderson in an event on WWF Superstars of Wrestling in Green Bay, Wisconsin. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On September 26, 1994 Frazier performed as Mabel in a match opposing

Reno Riggins on Monday Night Raw in Utica, New York. Upon infolination and belief he sustained head and other long-term injuries by participating in this event. 175.

On September 27, 1994 Frazier performed as Mabel in a match on the

WWF Superstars of Wrestling in Poughkeepsie, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 176.

On October 19, 1994 Frazier performed as Mabel in a match opposing

Barry Horowitz and Reno Riggins in an event on WWF Wrestling Challenge in Albany, New York. Upon information and belief he• sustained head and other long-term injuries by participating in this event. 177.

On October 19 1994 Frazier performed as Mabel in a match opposing

Yokozuna in an event called WWF Action Zone in Albany, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 178.

On November 7, 1994 Frazier performed as Mabel in a match opposing

The Blue Phantom on Monday Night Raw in Bushkin, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 179.

On November 8, 1994 Frazier performed as Mabel and Mo in a match on

the WWF Superstars of Wrestling in Bushkill, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 180.

On November 9, 1994 Frazier performed as Mabel and Mo in a match

opposing J.S. Storni and Mike Haywood in an event on WWF Wrestling Challenge in Bethleham, Pennsylvania. Upon information and belief he sustained head and other longterm injuries by participating in this event.

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On November 23, 1994 Frazier performed as Mabel in The WWF

Survivor Series pay-per-view event in San Antonio, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 182.

On November 26, 1994 Frazier performed as Mabel in The WWF

Madison Square Garden Show in New York City. Upon information and belief he sustained head and other long-term injuries by participating in this event. 183.

On November 29, 1994 Frazier performed as Mabel and Mo in a match on

the WWF Superstars of Wrestling in Poughkeepsie, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 184.

On November 30, 1994 Frazier performed as Mabel in a match opposing

Mike Bell in an event on WWF Wrestling Challenge in Lowell, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 185.

On December 10, 1994 Frazier performed as Mabel in a match opposing

Iron Mike Sharpe on the WWF Superstars of Wrestling in Delaware. Upon information and belief he sustained head and other long-term injuries by participating in this event. 186.

On December 13, 1994 Frazier performed as Mabel in a match on WWF

Wrestling Challenge in Liberty, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 187.

On January 9, 1995 Frazier performed as Mabel in a match opposing Lee•

Toblin on Monday Night Raw in Houston, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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188.

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On January 10, 1995 Frazier perfolined as Mabel and Mo in a match on

the WWF Superstars of Wrestling in Corpus Christi, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 189.

On January 11, 1995 Frazier performed as Mabel and Mo in a match

opposing Adam Croom and Butch Long in an event on WWF Wrestling Challenge in South Padre Island, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 190.

On January 22, 1995 Frazier performed as Mabel in the WWF Royal

Rumble event in Tampa, Florida. Upon information and belief he sustained head and. other long-term injuries by participating in this event. 191.

On January 23, 1995 Frazier perfoinied as Mabel in a match opposing

King Kong Bund on Monday Night Raw in Palmetto, Florida. Upon infolina.tion and belief he sustained head and other long-term injuries by participating in this event. 192.

On January 24, 1995 Frazier perfoinied as Mabel in a match on the WWF

Superstars of Wrestling in West Palm Beach, Florida. Upon information and belief he sustained head and other long-term injuries by participating in this event. 193.

On January 25, 1995 Frazier performed as Mabel and Mo in a match on

the WWF Wrestling Challenge in Fort Meyers, Florida. Upon information and belief he sustained head and other long-term injuries by participating in this event. 194.

On February 22, 1995 Frazier performed as Mabel and Mo in a match

opposing Gary Sabaugh and Ken Raper on the WWF Wrestling Challenge in North Charleston, West Virginia. Upon information and belief he sustained head and other long-term injuries by participating in this event.

57

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195.

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On April 3, 1995 Frazier performed as Mabel and Mo in a match opposing

Ben Jordan and Tony Roy on Monday Night Raw in Poughkeepsie, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 196.

On April 4, 1995 Frazier performed as Mabel and Me in a match

Opposing Bill Payne and Buck Quartermaine the WWF Superstars of Wrestling in Glen Falls, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 197.

On April 5, 1995 Frazier performed as Mabel and Mo in a match opposing

Charlie Hunter and John Sinouski on the WWF Wrestling Challenge in Lowell, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 198.

On April 24, 1995 Frazier performed as Mabel and Mo in a match

opposing Buck Zumhofe and Tommy Ferrara on Monday Night Raw in Omaha, Nebraska. Upon information and belief he sustained head and other long-term injuries by participating in this event. 199.

On April 25, 1995 Frazier performed as Mabel and Mo in a match

opposing Bill Duke and Kevin Krueger on WWF Superstars of Wrestling in Des Moines, Iowa. Upon information and belief he sustained head and other long-term injuries by participating in this event. 200.

On April 26, 1995 Frazier performed as Mabel and Mo in a match

opposing Butler Stevens and Ron Hagan on the WWF Wrestling Challenge in Moline,

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Illinois. Upon information and belief he sustained head and other long-term injuries by participating in this event. 201.

On May 14 1995 Frazier performed as Mabel a match opposing Adam

Bomb on the WWF in Your House Pay-Per-View Event in Syracuse, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 202.

On May 15, 1995 Frazier performed as Mabel and Mo in a match

opposing Adam Ferguson and Gary Scott on Monday Night Raw in Binghamton, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 203.

On May 16, 1995 Frazier performed as Mabel and Mo in a match

opposing Russ Greenberg and Tim McNeary on WWF Superstars of Wrestling in , Danbury, 'Connecticut. Upon information and belief he sustained head and other longterm injuries by participating in this event. 204.

On May 17, 1995 Frazier performed as Mabel and Mo in a match

opposing Aaron Ferguson and Laurice Moralis on the WWF Wrestling Challenge in Springfield, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 205.

On June 6, 1995 Frazier performed as Mabel and Mo in a match opposing

Jerry Flynn and Mike McReynolds on WWF Superstars of Wrestling in Wheeling, West Virginia. Upon information and belief he sustained head and other long-term injuries by participating in this event.

59

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206.

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On June 7, 1995 Frazier performed as Mabel a match opposing David

Haskins on the WWF Wrestling Challenge in Johnstown, Pennsylvania. Upon information and belief he sustained head and other long-telin injuries by participating in this event. 207.

On June 10, 1995 Frazier performed as Mabel and Mo a match opposing

Bart Gunn and Billy Gunn (Smoking Guns) at the WWF Madison Square Garden Show in New York City. Upon information and belief he sustained head and other long-term injuries by participating in this event. 208.

On June 25, 1995 Frazier performed as Mabel a match opposing the

Undertaker on the WWF King of the Ring in Philadelphia, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. . 209. On June 26, 1995 Frazier performed as King Mabel a .match opposing Kenny Kendall on the WWF Monday Night Raw in Danville, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 210.

On June 27, 1995 Frazier performed as King Mabel and Sir Mo in a match

opposing Bart Gunn and Billy Gunn (Smoking Guns) on WWF Superstars of Wrestling in Bethleham, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 211.

On July 23, 1995 Frazier performed as King Mabel and Sir Mo in a match

opposing Razor Ramon and Savio Vega on WWF In Your House Program in Nashville,

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Tennessee. Upon information and belief be sustained head and other long-term injuries by participating in this event. 212.

On July 24, 1995 Frazier performed as King Mabel in a match opposing

Nick Barbarry on Monday Night Raw in Louisville, Kentucky. Upon information and belief he sustained head and other long-term injuries by participating in this event. 213.

On July 25, 1995 Frazier performed as King Mabel in a match opposing

Gary Scott on WWF Superstars of Wrestling in Evansville, Indiana. Upon information and belief he sustained head and other long-term injuries by participating in this event. 214.

On August 12, 1995 Frazier performed as King Mabel and Sir Mo a match

opposing Diesel and Shawn Michaels at the WWF Madison Square Garden Show in New York City. Upon information and belief he sustained head and other long-term injuries by participating in this event. 215.

On August 14, 1995 Frazier perfoinied as King Mabel and Sir Mo a match

opposing Diesel and Shawn Michaels and Joe Hanlock and Roy Raymond at the WWF Action Zone and Monday Night Raw in Worcester, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 216.

On August 15, 1995 Frazier performed as King Mabel in a match

opposing Barn Barn Bigelow on Superstars of Wrestling in Portland, Maine. Upon information and belief he sustained head and other long-term injuries by participating in

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this event.

fr7 .477:::,11 aesel gets some much-needed help trt)rn Lex Luger as he farxls'a tough cnal!enge from King Mabel for h.s. WINE Ciamolenship at Su mmot-Siarn or Moust

217. On AugUst 27, 1995 FraZier perforined as King'Mabel iii a match opposing Diesel on SumrnerSlam in Pittsburg, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event .218. On August 28, 1995 Frazier performed as King Mabel and Sir Mo a match Opposing Owen Hart and razor Ramon On Monday Night Raw in Canton, Ohio. Upon information and belief he sustained head and other long-term injuries by participating in this event. 219. On October 6; 1995 Frazier performed as King Mabel in a match opposing The Undertaker at the WWF Madison Square Garden Show in New York City. Upon

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information and belief he sustained head and other long-term injuries by participating in this event. 220.

On October 22, 1995 Frazier performed as Mabel in a match opposing

Yokozuna in WWF on Your House 4: Great White North in Winnipeg, Manitoba. Upon information and belief he sustained head and other long-term injuries by participating in this event. 221.

On October 23, 1995 Frazier performed as King Mabel in a match

opposing Roy Raymond on WWF Monday Night Raw in Brandon, Manitoba. Upon information and belief he sustained head and other long-term injuries by participating in this event. 222.

On October 24, 1995 Frazier performed as King Mabel in a match

opposing Tim McNeary on WWF Superstars of Wrestling in Regina, Saskatchewan. Upon information and belief he sustained head and other long-term injuries by participating in this event. 223.

On November 19, 1995 Frazier performed as Mabel along with Hunter

Hearst Helrnsley (Triple H) and Jerry Lawler in a match opposing The Undertaker, Fatu and Savio Vega on WWF Survivor Series in Landover, Maryland. Upon information and belief he sustained head and other long-term injuries by participating in this event. 224.

On November 21, 1995 Frazier performed as King Mabel in a match

opposing Dave Thomberg and Jerry Faith on WWF Superstars of Wrestling in Salisbury, Maryland. Upon information and belief he sustained head and other long-term.injuries by participating in this event.

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225. On December 17, 1995. Frazier perfoniied as King Mabel in .a match opposing The Undertaker in WWF on Your House 5: Seasons Beatings in Hershey, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. •

226. On December 18, 1995 Frazier performed as King Mabel in match

Opposing Diesel on WWF Monday Night Raw in Newark, Delaware. Upon information and belief he sustained head and other long-term injuries by participating in this'event. • 227. On January 21, 1996 Frazier performed as King Mabel on WWF Royal Rumble in Fresno, California. Upon information and belief he sustained head and other long-term injuries by participating in this event. 228. On January. 24, 1999 Frazier performed as Mabel in WWF Sunday Nigh( Heat in Anaheim, California. Upon information and belief he sustained head and other long-term injuries by participating in this eVent.

,64

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229.

PageID 80

On January 24, 1999 Frazier performed as King Mabel on WWF Royal

Rumble in Anaheim, California. Upon information and belief he sustained head and other long-term injuries by participating in this event. 230.

On January 26, 1999 Frazier performed as Viscera along with Mideon and

The Undertaker on WWF Monday Night Raw in Tuscan, Arizona. Upon information and belief he sustained head and other long-term injuries by participating in this event. 231.

On February 8, 1999 Frazier performed as Viscera in a match up with The

Godfather on WWF Monday Night Raw in Toronto, Ontario. Upon information and belief he sustained head and other long-term injuries by participating in this event. 232.

On February 14, 1999 Frazier performed as Viscera in a match up with

Test on WWF Sunday Night Heat in Memphis Tennessee. Upon information and belief he sustained head and other long-term injuries by participating in this event. 233.

On February 15, 1999 Frazier perfoi ned as Viscera in a match up with

Tiger Ali Singh on WWF Shotgun Saturday Night in Birmingham, Alabama. Upon information and belief he sustained head and other long-term injuries by participating in this event,. 234.

On February 16, 1999 Frazier performed as Viscera in a match up with

Big Boss Man on WWF Sunday Night Heat in Chattanooga Tennessee. Upon information and belief he sustained head and other long-term injuries by participatingin this event. 235.

On March 1, 1999 Frazier performed as Viscera in a match up with Tiger

Ali Singh on WWF Shotgun Saturday Night in Cleveland, Ohio. Upon information and belief he sustained head and other long-term injuries by participating in this event.

65

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236.

PageID 81

On March 22, 1999 Frazier performed as Viscera on WWF Shotgun

Saturday Night in Albany, New York. Upon infoiniation and belief he sustained head and other long-term injuries by participating in this event. 237.

On March 28, 1999 Frazier performed as Viscera on WWF Sunday Night

Heat in Philadelphia, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 238.

On March 30, 1999 Frazier performed as Viscera in a Match with Ken

Shamrock on Monday Night Raw in Uniondale, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 239.

On April 13, 1999 Frazier performed as Viscera on WWF Sunday Night

Heat and on Monday Night Raw (in a match with Big Show) in Grand Rapids Michigan. Upon information and belief he sustained head and other long-Willi injuries by participating in this event. 240.

On April 25, 1999 Frazier perfoinied as Viscera in a Match with Test on

WWF Sunday Night Heat in Providence, Rhode Island. Upon information and belief he sustained head and other long-term injuries by participating in this event. 241.

On May 2, 1999 Frazier performed as Viscera in a Match with Test on

Monday Night Raw in San Diego, California. Upon information and belief he sustained head and other long-term injuries by participating in this event. 242.

On May 16, 1999 Frazier performed as Viscera in a 6-person tag team on

WWF No Mercy in Manchester, England. Upon information and belief he sustained head and other long-term injuries by participating in this event.

66

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243.

PageID 82

On May 23, 1999 Frazier performed as Viscera in an 8-person tag team on

WWF Over The Edge Pay-Per-View event in Kansas City, Missouri. During this event Owen Hart fell to his death in a failed stunt. Upon information and belief he sustained head and other long-term injuries by participating in this event. 244.

On May 24, 1999 Frazier performed as Viscera on WWF Shotgun

Saturday Night in St. Louis, Missouri. Upon information and belief he sustained head and other long-term injuries by participating in this event. 245.

On May 25, 1999 Frazier performed as Viscera in a Match with Billy

Gunn on WWF Sunday Night Heat in Moline, Illinois. Upon information and belief he sustained head and other long-term injuries by participating in this event. 246.

On June 6, 1999 Frazier performed as Viscera on WWF Shotgun Saturday

Night in Uniondale, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 247.

On June 14, 1999 Frazier performed as Viscera on WWF Monday Night

Raw in Worcester, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 248.

On June 21, 1999 Frazier performed as Viscera in a match with Mark

Henry on WWF Monday Night Raw in Memphis, Tennessee. Upon information and belief he sustained head and other long-term injuries by participating in this event. 249.

On June 27, 1999 Frazier performed as Viscera in a match with Big Boss

man on WWF Sunday Night Heat in Greensboro, North Carolina. Upon information and belief he sustained head and other long-term injuries by participating in this event.

67

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250.

PageID 83

On June 28, 1999 Frazier performed as Viscera in a match with D-Lo

Brown on WWF Shotgun Saturday Night in Charlotte, North Carolina. Upon information and belief he sustained head and other long-term injuries by participating in this event. 251.

On June 29, 1999 Frazier performed as Viscera in a match with Hardcore

Holly on WWF Sunday Night Heat in Fayetteville, North Carolina. Upon information and belief he sustained head and other long-term injuries by participating in this event. 252.

On July 11, 1999 Frazier performed as Viscera in a six man tag team

match on WWF Sunday Night Heat in Indianapolis, Indiana. Upon information and belief he sustained head and other long-term injuries by participating in this event. 253: On July 12, 1999 Frazier performed as Viscera on WWF Shotgun Saturday Night in Louisville, Kentucky. Upon information and belief he sustained head and other long-term injuries by participating in this event. 254.

On July 25, 1999 Frazier performed as Viscera in a match with Christian

on WWF Sunday Night Heat in Buffalo New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 255.

On July 27, 1999 Frazier performed as Viscera in a match with Big Boss

Man on WWF Monday Night Raw in Columbus, Ohio. Upon information and belief he sustained head and other long-term injuries by participating in this event. 256.

On August 8, 1999 Frazier performed as Viscera with Mideon in a match

with Christian and Edge on WWF Shotgun Saturday Night in Detroit. Michigan. Upon information and belief he sustained head and other long-term injuries by participating in this event.

68

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257.

PageID 84

On August 22, 1999 Frazier performed as Viscera on WWF SummerSlam

in Minneapolis, Minnesota. Upon information and belief he sustained head and other long-term injuries by participating in this event. 258.

On August 23, 1999 Frazier performed as Viscera with Mideon in a match

with Kane and X-Pac on WWF Monday Night Raw in Ames, Iowa. Upon information and belief he sustained head and other long-term injuries by participating in this event. 259.

On August 31, 1999 Frazier performed as Viscera with Mideon in a match

with Crash Holly and Hardcore Holly on WWF Smackdown in Worcester, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 260.

On September 6, 1999 Frazier performed as Viscera in a match with

Prince Albert on WWF Jakked in Hartford, Connecticut. Upon information and belief he sustained head and other long-term injuries by participating in this event. 261.

On September 20, 1999 Frazier performed as Viscera with Mideon and

The Big Show in a match with Mankind and the Rock on WWF Monday Night Raw in Houston, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 262.

On September 21, 1999 (air date September 23, 1999) Frazier performed

as Viscera and Mideon in a match with Triple H on WWF Smackdown! in Dallas Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event.

69

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261, ;0ii-Ottobbi, ;1999 Fra erpetfomiedas Viscera With Mideon mlitiatch th Kane and

WWF SiriaCkdown in Uniondale, New York. Upon Mformation

and belief he sustained head and other lpg-ten iujurieshyparticipating inthis,event.. 264.

On October 11, 1999 Frazier performed as Viseera With Mideon in a

match with Bubba Ray Dudley and D-Von Dudley on WWF J.a1cke4 in Manta, Georgia. Upon information and belief he sustained head and other long-term: injuries by Participating in this &gent: 265.

On October 18, 1999 Frazier performed ASNiscera in a match with The

Godfather on WWF Monday Night Raw in Columbus, Ohio. Upon information and belief he sustained head and other long-term injuries by participating in this event. 266.

On October 19, 1999 Frazier performed as Viscera with Mideon in a

match with Mark Henry and the Godfather on WWF Smackdown in Louieville,

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PageID 86

Kentucky. Upon information and belief he sustained head and other long-term injuries by participating in this event. 267.

On October 25, 1999 Frazier performed as Viscera in a match with The

Godfather on WWF Monday Night Raw in Providence, Rhode Island. Upon information and belief he sustained head and other long-term injuries by participating in this event. 268.

On October 26, 1999 Frazier performed as Viscera with Mark Henry in a

match with Jeff Hardy and Matt Hardy on WWF Smackdown! in Springfield, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 269.

On October 30, 1999 Frazier performed as Viscera in a match with The

Godfather on WWF Madison Square Garden Show in New York City. Upon information and belief he sustained head and other long-term injuries by participating in this event. 270.

On November 1, 1999 Frazier performed as Viscera with Mideon in a

match with Bradshaw and Faarooq on WWF Jakked in Washington, DC. Upon information and belief he sustained head and other long-term injuries by participating in this event. 271.

On November 2, 1999 Frazier performed as Viscera with Mideon in a•

match with Bradshaw and Faarooq on 'WWF Sunday Night Heat in Philadelphia, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this eyent. 272.

On November 8, 1999 Frazier performed as Viscera in a match with Crash

Holly on WWF Jakked• in State College, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event.

71

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273.

PageID 87

On November 14, 1999 Frazier perfoiined as Viscera in a match with The

Big Show on WWF Survivor Series in Detroit, Michigan. Upon information and belief he sustained head and other long-term injuries by participating in this event. 274.

On November 16, 1999 Frazier performed as Viscera in a match with

Kane on WWF Smackdown! in Cincinnati, Ohio. Upon information and belief he sustained head and other long-term injuries by participating in this event. 275.

On January 17, 2000 Frazier performed as Viscera in a match with

Gangrel on WWF Jakked in New Haven, Connecticut. Upon information and belief he sustained head and other long-term injuries by participating in this event. 276.

On January 18, 2000 Frazier performed as Viscera in a match with Crash

Holly on WWF Smackdown! in Providence, Rhode Island. Upon information and belief he sustained head and other long-term injuries by participating in this event. 277.

On January 23, 2000 Frazier performed as Viscera in a Royal Rumble

match in Madison Square Garden in New York. Upon information and belief he sustained head and other long-Willi injuries by participating in this event. 278.

On January 24, 2000 Frazier performed as Viscera with Crash Holly on

WWF Monday Night Raw in Philadelphia, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 279.

On January 25, 2000 Frazier performed as Viscera in a match with

Hardcore Holly on WWF Smackdown! in Baltimore, Maryland. Upon information and belief he sustained head and other long-term injuries by participating in this event. 280.

On January 31, 2000 Frazier performed as Viscera in a match with Crash

Holly and Hardcore Holly on WWF Monday Night Raw in Pittsburg, Pennsylvania.

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Upon information and belief he sustained head and other long-term injuries by participating in this event. 281.

On February 1, 2000 Frazier performed as Viscera in a match with Prince

Albert on WWF Sunday Night Heat in Detroit, Michigan. Upon information and belief he sustained head and other long-term injuries by participating in this event. 282.

On February 7, 2000 Frazier performed as Viscera in a match with Chris

Jericho on WWF Monday Night Raw in Dallas, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 283.

On February 8, 2000 Frazier performed as Viscera in a match with Sho

Funaki on WWF Sunday Night Heat in Austin, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 284.

On February 21, 2000 Frazier performed as Viscera in a Tag Team on

WWF Monday Night Raw in Atlanta, Georgia. Upon information and belief he sustained head and other long-term injuries by participating in this event. 285.

On February 27, 2000 Frazier performed as Viscera in a match with Mark

Henry on WWF No Way Out in Hartford, Connecticut. Upon information and belief he sustained head and other long-tenni injuries by participating in this event. 286.

On February 29, 2000 Frazier performed as Viscera in a match with Test

on WWF Smackdown! in Trenton, New Jersey. Upon information and belief he sustained head and other long-term injuries by participating in this event. 287.

On March 6, 2000 Frazier performed as Viscera in a match with Crash

Holly on WWF Monday Night Raw in Springfield, Massachusetts. Upon information and belief he sustained bead and other long-term injuries by participating in this event.

73

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288.

PageID 89

On March 7, 2000 Frazier perfolined as Viscera in a match with Matt

Hardy on WWF Sunday Night Heat in Boston, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 289.

On March 13, 2000 Frazier performed as Viscera in a match with J.R.

Ryder on WWF Jakked in East Rutherford, New Jersey. Upon information and belief he sustained head and other long-term injuries by participating in this event. 290.

On March 14, 2000 Frazier performed as Viscera in a match with Val

Venis on WWF Sunday Night Heat in Uniondale, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 291.

On March 27, 2000 Frazier performed as Viscera in a Tag team match on

WWF Jakked in Houston, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 292.

On March 28, 2000 Frazier performed as Viscera in a match with Al Snow

on WWF Sunday Night Heat in San Antonio, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 293.

On April 2, 2000 Frazier performed as Viscera in Wrestlemania 2000 in

Anaheim, California. Upon information and belief he sustained head and other long-term injuries by participating in this event. 294.

On April 3, 2000 Frazier perfoinied as Viscera in a match with Al Snow

on WWF. Jakked in Los Angeles, California. Upon information and belief he sustained head and other long-term injuries by participating in this event.

74

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295.

PageID 90

On April 4, 2000 Frazier performed as Viscera in a match with Chris

Jericho on WWF Sunday Night Heat in San Jose, California. Upon information and belief he sustained head and other long-term injuries by participating in this event. 296.

On September 21, 2004 Frazier performed as Viscera in a match with The

Undertaker on WWF Smackdown! in Phoenix, Arizona. Upon information and belief he sustained head and other long-term injuries by participating in this event. 297.

On November 1, 2004 Frazier performed as Viscera in a match with

Shelton Benjamin on WWF Monday Night Raw in Peoria, Illinois. Upon information and belief he sustained head and other long-term injuries by participating in this event. 298.

On November 15, 2004 Frazier performed as Viscera in a match with

Steven Lee on WWF Sunday Night Heat in Indianapolis, Indiana. Upon information and belief he sustained head and other long-term injuries by participating in this event. 299.

On NoVember 22, 2004 Frazier performed as Viscera in a match with A-1

on WWF Sunday Night Heat in Buffalo, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 300.

On November 29, 2004 Frazier performed as Viscera on WWF Monday

Night Raw in Baltimore, Maryland. Upon information and belief he sustained head and other long-term injuries by participating in this event. 301.

On December 27, 2004 Frazier performed as Viscera in a match with

Chris Benoit on WWF Monday Night Raw in Biloxi, Mississippi. Upon information and belief he sustained head and other long-term injuries by participating in this event. 302.

On January 17, 2005 Frazier performed as Viscera in a match with Batista

on WWE Monday Night Raw in Toronto, Ontario. Upon information and belief he

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PageID 91

sustained head and other long-term. injuries by participating in. this: eVent

303. On J anttary 24, 2005 'Frazi performed,as Visceraiiiva match with Tajiri on WWE Monday Night Raw. in Oklahoma City, Oklahoma. Upon inforinatiOtt and belief she sustained head and other long-term injuries by participating in this event. 304.. On January. 30, 2005 Frazier performed- as Viscera The WWE Royal Rumble in Fresno, California, Upon information and belief he sustained head and other

long-term injuries by participating in this event

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Al On March 14, 2065 Frazier performed as Viscera in a matChwith Simon Dean on WWE Sunday Night Heat in Atlanta, Georgia. Upon information and belief he sustained head and other long-term injuries by participating in this event. 306.

On March 28 2005 Frazier performed as Viscera in a match with Val

Venis on WWE Sunday Night Heat in Fort Worth, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 307.

On April 3, 2005 Frazier performed as Viscera in a match on WWE

Sunday Night Heat in Los Angeles, California. Upon information and belief he sustained bead and other long-term Injuries by participating in this event. 308.

On April 1 , 2005 Frazier performed as Viscera in a match on WWE with

Val Venis on WWE Sunday Night Heat in Moline, Illinois. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On May 1, 2005 Frazier performed as Viscera in a match on WWE with

Kane on WWE Backlash. Upon information and belief he sustained head and other longterm injuries by participating in this event. 310.

On May 2, 2005 Frazier performed as Viscera in a match on WWE with

Simon Dean on WWE Monday Night Raw in Boston, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 311.

On May 9, 2005 Frazier performed as Viscera in a match on WWE with

Sylvain Grenier on WWE Monday Night Raw in Philadelphia, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 312.

On June 6, 2005 Frazier performed as Viscera in a match on WWE with

Maven on WWE Sunday Night Heat in St. Louis, Missouri. Upon information and belief he sustained head and other long-term injuries by participating in this event. 313.

On June 13, 2005 Frazier performed as Viscera in a match on WWE with

Maven on WWE Monday Night Raw in Binghamton, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 314.

On June 20, 2005 Frazier. performed as Viscera in a match on WWE with

Simon Dean on WWE Monday Night Raw in Phoenix, Arizona. Upon infoimation and belief he sustained head and other long-term injuries by participating in this event. 315.

On July 4, 2005 Frazier performed as Viscera in a match on WWE with

Antonio and Romeo on WWE Monday Night Raw in Sacramento, California. Upon information and belief he sustained head and other long-tem injuries by participating in this event.

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On July 11, 2005 Frazier performed as Viscera in a Tag Team match on

WWE Sunday Night Heat in East Rutherford, New Jersey. Upon information and belief he sustained head and other long-term injuries by participating in this event. 317.

On July 18, 2005 Frazier performed as Viscera in a match with Tyson

Tomko on WWE Sunday Night Heat in Philadelphia, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 318.

On July 25, 2005 Frazier performed as Viscera in a match on WWE with

Antonio and Pocket Rocket on WWE Monday Night Raw in Cleveland, Ohio. Upon information and belief he sustained head and other long-term injuries by participating in this event. 319.

On August 1, 2005 Frazier performed as Viscera in a match with Rene

Dupree on WWE Sunday Night Heat in Uncasville, Connecticut. Upon infonnation and belief he sustained head and other long-tenn injuries by participating in this event.

320.

On August 15, 2005 Frazier performed as Viscera in a match with Gene

Snitsky on WWE Sunday Night Heat in Montreal, Quebec. Upon information and belief he sustained head and other long-term injuries by participating in this event. 321.

On August 29, 2005 Frazier performed as Viscera with Val Venis in a

match on WWE with Antonio and Romeo on WWE Sunday Night Heat in Tampa, Florida. Upon information and belief he sustained head and other long-term injuries by participating in this event. 322.

On September 5, 2005 Frazier performed as Viscera with Val Venis in a

match with Antonio and Romeo on Monday Night Raw in Nashville, Tennessee. Upon

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information and belief he sustained head and other long-term injuries by participating in this event. 323.

On September 26, 2005 Frazier performed as Viscera with Val Venis in a

match with Lance Cade and Trevor Murdoch on Monday Night Raw in Waco, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 324.

On October 10, 2005 Frazier performed as Viscera with Jason Bates on

W-WE Sunday Night Heat in Corpus Christi, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 325.

On October 17, 2005 Frazier performed as Viscera on WWE Monday

Night Raw in Sacramento, California. Upon information and belief he sustained head and other long-term injuries by participating in this event. 326.

On October 31, 2005 Frazier performed as Viscera with Triple H on

WWE Monday Night Raw in Anaheim, California. Upon information and belief he sustained head and other long-term injuries by participating in this event. 327.

On November 7, 2005 Frazier performed as Viscera and Val Venis with

Gene Snitsky and Tyson Tornko on WWE Sunday Night Heat in Fort Wayne, Indiana. Upon information and belief he sustained head and other long-term injuries by participating in this event. 328.

On November 21, 2005 Frazier performed as Viscera with Lance Cade on

WWE Sunday Night Heat in Sheffield, England. Upon info illation and belief he sustained head and other long-term injuries by participating in this event.

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On November 28, 2005 Frazier performed as Viscera and Val Venis on

WWE Sunday Night Heat in Cleveland, Ohio. Upon information and belief he sustained head and other long-tenn injuries by participating in this event. 330.

On December 5, 2005 Frazier performed as Viscera on WWE Monday

Night Raw in North Charleston, South Carolina. Upon information and belief he sustained head and other long-term injuries by participating in this event. 331.

On December 12, 2005 Frazier performed as Viscera with Chris Masters

on WWE Monday Night Raw in Boston, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event. 332.

On December 26, 2005 Frazier performed as Viscera with Rob Conway on

WWE Sunday Night Heat in Bridgeport, Connecticut. Upon information and belief he sustained head and other long-term injuries by participating in this event. 333.

On January 2, 2006 Frazier performed as Viscera with Tyson Tomko on

WWE Sunday Night Heat in East Rutherford, New Jersey. Upon information and belief he sustained head and other long-term injuries by participating in this event. 334.

On January 8, 2006 Frazier performed as Viscera with Shelton Benjamin

on WWE New Year's Revolution Pay- Per-View event in Albany, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 335.

On January 9, 2006 Frazier performed as Viscera with Trevor Murdoch on

WWE Sunday Night Heat in Hershey, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On January 16, 2006 Frazier performed as Viscera on WWE Sunday Night

Heat in Raleigh, North Carolina. Upon information and belief he sustained head and other long-teim injuries by participating in this event. 337.

On January 23, 2006 Frazier performed as Viscera and Val Venis on

WWE Sunday Night Heat in Charlotte, North Carolina. Upon information and belief he sustained head and other long-term injuries by participating in this event. 338.

On January 29, 2006 Frazier performed as Viscera in the WWE Royal

Rumble in Miami, Florida. Upon information and belief he sustained head and other long-tenn injuries by participating in this event. 339.

On February 6, 2006 Frazier performed as Viscera and Val Venis on

WWE Sunday Night Heat in Atlanta, Georgia. Upon information and belief he sustained head and other long-term injuries by participating in this event. 340.

On February 13, 2006 Frazier performed as Viscera with Rob Conway on

WWE Sunday Night Heat in Greensboro, North Carolina. Upon information and belief he sustained head and other long-term injuries by participating in this event. 341.

On February 20, 2006 Frazier performed as Viscera with Tyson Tomko on

WWE Sunday Night Heat in Trenton, New Jersey. Upon information and belief he • sustained head and other long-term injuries by participating in this event. 342.

On February 27, 2006 Frazier performed as Viscera and Val Venis on

WWE Monday Night Raw in Washington, DC. Upon inforination and belief he sustained head and other long-term injuries by participating in this event.

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On March 13, 2006 Frazier performed as Viscera with Rob Conway on

WWE Sunday Night Heat in Beaumont, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 344.

On March 27, 2006 Frazier performed as Viscera and Val Venis on WWE

Monday Night Raw in Omaha, Nebraska. Upon information and belief he sustained head and other long-term injuries by participating in this event. 345.

On April 2, 2006 Frazier performed as Viscera on WWE Sunday Night

Heat in Chicago, Illinois. Upon information and belief he sustained head and other longterm injuries by participating in this event. 346.

On April 10, 2006 Frazier performed as Viscera with Adrian Lynch on

WWE Sunday Night Heat in Milwaukee, Wisconsin. Upon information and belief he sustained head and other long-term injuries by participating in this event. 347.

On May 1, 2006 Frazier performed as Viscera with Lance Cade on WWE

Sunday Night Heat in Columbus, Ohio. Upon information and belief he sustained head and other long-teiiii injuries by participating in this event. 348.

On May 8, 2006 Frazier performed as Viscera and Tonic Wilson on

WWE Sunday Night Heat in Anaheim, California. Upon information and belief he sustained head and other long-term injuries by participating in this event. 349.

On May 15, 2006 Frazier performed as Viscera and Charlie Haas on

WWE Sunday Night Heat in Lubbock, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On May 29, 2006 Frazier performed as Viscera with Umaga on VTWE

Monday Night Raw in Tacoma, Washington. Upon information and belief he sustained head and other long-term injuries by participating in this event. 351.

On June 5, 2006 Frazier performed as Viscera with Rob Conway on WWE

Sunday Night Heat in Pittsburg, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 352.

On June 19, 2006 Frazier performed as Viscera with Charlie Haas on

WWE Monday Night Raw in Rochester, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 353.

On June 26, 2006 Frazier performed as Viscera and Val Venis on WWE

Monday Night Raw in Fayetteville, North Carolina. Upon information and belief he sustained head and other long-teini injuries by participating in this event. 354.

On July 3, 2006 Frazier performed as Viscera in a Tag Team event on

WWE Monday Night Raw in Philadelphia, Pennsylvania. Upon information and belief he sustained head and other long-tei n injuries by participating in this event. 155. On July 10, 2006 Frazier performed as Viscera with Charlie Haas on WWE Monday Night Raw in Sioux City, Iowa. Upon information and belief he sustained head and other long-term injuries by participating in this event. 356. On July 24, 2006 Frazier performed as Viscera on WWE Sunday Night Heat in Cleveland, Ohio. Upon information and belief he sustained head and other longterm injuries by participating in this event.

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4

357.

On August 7,2006 Frazier performed as Viscera with iohn-Cena on WWE

Monday Night Raw in Memphis Tennessee. Upon information and belief he sustained head and other long-term injuries by participating in this event.

358.

On August 21, 2006 Frazier perfonned as Viscera with Val Venison

WWE Sunday Night Heat in Bridgeport, Connecticut. Upon information and belief he sustained head and other long-term injuries by participating in this event. 359.

On August 28, 2006 Frazier performed as Viscera ad Charlie Haas with

The Highlanders on WWE Sunday Night Heat in Atlantic City, New Jersey. Upon information and belief he sustained head and Other long-term injuries by participating in this event.

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On September 4, 2006 Frazier performed as Viscera on WWE Monday

Night Raw in Atlanta, Georgia. 1Jpon information and belief he sustained head and other long-term injuries by participating in this event. 361.

On September 25; 2006 Frazier performed as Viscera and Charlie Haas

with Shawn Michaels and Triple H on WWE Monday Night Raw in Oklahoma City, Oklahoma. Upon information and belief he sustained head and other long-term injuries by participating in this event. 362.

On October 30, 2006 Frazier performed as Viscera on WWE Monday

Night Raw in Moline, Illinois. Upon information and belief he sustained head and other long-term injuries by participating in this event. 363.

On November 5, 2006 Frazier perfoinied as Viscera on WWE Cyber

Sunday in Cincinnati, Ohio. Upon information and belief he sustained bead and other long-term injuries by participating in this event. 364.

On November 13 2006 Frazier perfoii ied as Viscera on WWE Monday

Night Raw in Manchester, England. Upon information and belief he sustained head and other long-term injuries by participating in this event. 365.

On December 11,2006 Frazier performed as Viscera and Chris Masters

with Carlito and Jerry Lawler on WWE Monday Night Raw in Uncasville, Connecticut. Upon information and belief he sustained head and other long-term injuries by participating in this event. 366.

On December 18,2006 Frazier performed as Viscera on WWE Monday

Night Raw in Washington, DC. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On January 1, 2007 Frazier performed as Viscera with Jim Duggan on

WWE Sunday Night Heat in Miami, Florida. Upon information and belief he sustained head and other long-term injuries by participating in this event. 368.

On January 8, 2007 Frazier performed as Viscera with T.J. Dalton on

WWE Sunday Night Heat in St. Louis, Missouri. Upon information and belief he sustained head and other long-term injuries by participating in this event. 369.

On January 15, 2007 Frazier performed as Viscera with Eugene on WWE

Sunday Night Heat in Bossier City, Louisiana. Upon information and belief he sustained head and other long-term injuries by participating in this event. 370.

On January 22, 2007 Frazier performed as Viscera with Wes Adams on

WWE Sunday Night Heat in Lafayette, Louisiana. Upon information and belief he sustained head and other long-term injuries by participating in this event. 371.

On January 28, 2007 Frazier performed as Viscera in the WWE Royal

Rumble in San Antonia, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 372.

On March 19, 2007 Frazier performed as Viscera on WWE Monday Night

Raw in Indianapolis, Kentucky. Upon information and belief he sustained head and other long-term injuries by participating in this event. 373.

On April 2, 2007 Frazier performed as Viscera on WWE Monday Night

Raw in Dayton, Ohio. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On April 30, 2007 Frazier performed as Viscera on WWE Sunday Night

Heat in Nashville, Tennessee. Upon information and belief he sustained head and other long-term injuries by participating in this event. 375.

On May 21, 2007 Frazier performed as Viscera with Bobby Lashley on

WWE Monday Night Raw in Moline, Illinois. Upon information and belief he sustained head and other long-term injuries by participating in this event. 376.

On May 28, 2007 Frazier performed as Viscera in WWE Saturday Night's

Main Event in Toronto, Ontario. Upon information and belief he sustained head and other long-term injuries by participating in this event. 377.

On June 11, 2007 Frazier performed as Viscera on WWE Monday Night

Raw in Philadelphia, Pennsylvania. Upon inforrnation and belief he sustained head and other long-term injuries by participating in this event. 378.

On July 17, 2007 Frazier performed as Big Daddy V with Tim Storm on

WWE ECW in Laredo, Texas. Upon infointation and belief he sustained head and other long-term injuries by participating in this event. 379.

On July 24, 2007 Frazier performed as Big Daddy V on WWE ECW in

Fresno, California. Upon information and belief he sustained head and other long-term injuries by participating in this event. 380.

On July 31, 2007 Frazier performed as Big Daddy Von WWE ECW in

Phoenix, Arizona. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On August 13, 2007 Frazier performed as Viscera in WWE Saturday

Night's Main Event in New York City. Upon information and belief he sustained head and other long-term injuries by participating in this event. 382.

On August 14, 2007 Frazier performed as Big Daddy V with CM Punk on•

WWE ECW in Uncasville, Connecticut. Upon information and belief he sustained head and other long-term injuries by participating in this event. 383.

On August 21, 2007 Frazier performed as Big Daddy V with Tommy

Dreamer in an Extreme Rules event on WWE ECW in Columbia, South Carolina. Upon information and belief he sustained head and other long-term injuries by participating in this event. 384.

On August 28, 2007 Frazier performed as Big Daddy V with CM Punk on

WWE ECW in Albany, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 385.

On September 18, 2007 Frazier performed as Big Daddy V with the

Boogeyrnan on WWE ECW in Atlanta, Georgia. Upon information and belief he sustained head and other long-tenn injuries by participating in this event. 386.

On October 2, 2007 Frazier perfoi ned as Big Daddy V with Tommy

Dreamer on WWE ECW in Dayton, Ohio. Upon information and belief he sustained head and other long-term injuries by participating in this event. 387.

On October 7, 2007 Frazier performed as Big Daddy V with CM Punk on

WAVE No Mercy in Chicago, Illinois. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On October 9, 2007 Frazier performed as Big Daddy V with Tommy

Dreamer on WWE ECW in Detroit, Michigan. Upon information and belief he sustained head and other long-term injuries by participating in this event. 389.

On October 16, 2007 Frazier performed as Big Daddy V in a Tag Team

event on WWE ECW in Birmingham, England. Upon information and belief he sustained head and other long-term injuries by participating in this event. 390.

On October 23, 2007 Frazier performed as Big Daddy V on WWE ECW

and SmackDown! in Kansas City, Missouri. Upon information and belief he sustained head and other long-teini injuries by participating in this event. 391.

On October 30, 2007 Frazier performed as Big Daddy V in a Battle

Royale on WWE ECW in Uniondale, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 392.

On November 18, 2007 Frazier performed as Big Daddy V opposing Ray

Mysterio, Kane, and Triple H In WWE Survivor Series in Miami, Florida. Upon information and belief he sustained head and other long-term injuries by participating in this event. 393.

On November 27, 2007 Frazier performed as Big Daddy V on WWE

SmackDown! with Kane and Ray Mysterio in Roanoke, Virginia. Upon information and belief he sustained head and other long-term injuries by participating in this event. 394.

On December 11, 2007 Frazier performed as Big Daddy V on 'WWE

SmackDown! with The Undertaker in Boston, Massachusetts. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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395. On December 16, 2007 Frazier performed as Big Daddy V with CM Punk on WWE Armageddon Pay-Per-View in Pittsburg, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. •

396. On December 18, 2007 Frazier performed as Big Daddy V in a six person

Tag Team event on WWE SmackDown! in Rochester, New York. Upon information and belief he sustained head and other long-term injuries by participating in this event. 397.

On December 30, 2007 Frazier performed as Big Daddy V with Cohn

Delaney on WWE ECW in Richmond, Virginia. Upon information and belief he sustained head and other long-term injuries by participating in this event. 398.

On January 22, 2008 Frazier performed as Big Daddy V with The

Undertaker on WWE SmackDown! in Charlottesville, Virginia. Upon information and belief he sustained head and other long-teim injuries by participating in this event. 399.

On January 27, 2008 Frazier performed as Big Daddy V in a 30 man

Royal Rumble in New York City. Upon information and belief he sustained head and other long-term injuries by participating in this event. 400.

On January 29, 2008 Frazier performed as Big Daddy V with The

Undertaker and Kane on WWE SmackDown! in Reading, Pennsylvania. Upon information and belief he sustained head and other long-term injuries by participating in this event. 401.

On February 5, 2008 Frazier performed as Big Daddy V in a Six Person

Tag Team on WWE SmackDown! in Corpus Christi, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On February 6, 2008 Frazier performed as Big Daddy V with The

Undertaker on WWE SmackDown! in Houston, Texas. Upon information and belief he sustained head and other long-term injuries by participating in this event. 403.

On February 17, 2008 Frazier performed as Big Daddy V with The

Undertaker in Elimination Chamber match on No Way Out! in Las Vegas, Nevada. Upon information and belief he sustained head and other long-term injuries by participating in this event. 404.

On February 19:2008 Frazier performed as Big Daddy V with Shannon

Moore on WWE SmackDown! in San Diego, California. Upon information and belief he sustained head and other long-term injuries by participating in this event. 405.

On February 26, 2008 Frazier performed as Big Daddy V with Balls

Mahoney on WWE SmackDown! in Tuscon, Arizona. Upon information and belief he sustained head and other long-term injuries by participating in this event.

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On March 11, 2008 Frazier performed as Big Daddy V for the final time

with CM Punk on WWE ECW at an event in Chicago. Upon information and belief he sustained head and other long-term injuries by participating in this event.7 What The WWE Knew About Concussions 407.

Every blow to the head is dangerous. Both repeated concussions and sub-

concussions cause peimanent brain damage. During WWE practice as well as the documented match list in the foregoing paragraphs, WWE wrestlers such as Nelson Frazier, Jr. sustained thousands of hits to the head even without any documented concussion. Such repeated blows result in permanently impaired brain function. 408.

For decades, scientific evidence has linked head trauma to long-term

neurological problems. The WWE knew or should have known of this growing body of scientific evidence and its compelling conclusion that persons who sustain repetitive concussive events, sub-concussive events and/or other brain injuries are at significantly greater risk for chronic neuro-cognitive illness and disabilities whether during their Wrestling careers or, especially, later in life. 409.

Although the WWE knew or should have known about this scientific

evidence concerning concussions, sub-concussive impacts and brain injuries, the WWE never told, and in effect, hid information from Nelson Frazier, Jr. about the dangers of repeated brain trauma. This was a failure of its assumed duty since Nelson Frazier, Jr. was not in the same position as the WWE to have access to the evidence and knowledge to understand the impact their careers had on their risk of long-term injury and illness. Information compiled about Nelson Frazier, Jr.'s matches from "The Internet Wrestling Database" at profightdb.com.

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Scientists and doctors have published scores of peer-reviewed articles

in well-established medical and scientific journals conclusively establishing the link between brain injuries and sub-concussive/concussive blows suffered by, among others, football, boxers, and hockey players. These studies date back to at least 85 years ago when pathologist Harrison Martland's seminal study was published in the Journal of the American Medical Association linking sub-concussive blows suffered by boxers to injuries ranging from mild concussions to degenerative brain disease. 411.

The WWE assumed a duty as a guardian against head-trauma in

wrestlers. The WWE decided to create its own program to minimize the brain injury risk to its wrestlers. Specifically, it created a Wellness program in 2006 (the "Wellness Program"). Defendant, however, failed to discharge and fulfil its assumed duty. In the end, the Wellness Program served as a false assurance that the WWE was providing wrestlers with accurate risk analysis. 412.

Despite having assumed a duty to wrestlers, the WWE merely assumed

this duty in an effort to insulate itself from liability for its total failure to address concussions in the decades preceding the introduction of the Policy. Additionally, the WWE hired doctors whose purpose was to downplay and conceal the long-term risks of head injuries from wrestlers, rather than ,as wrestlers believed, protect them from harm. In this additional way, WWE deceived wrestlers like Nelson Frazier, Jr. 413.

The WWE policy was reportedly introduced in 2006 and concussion

baseline testing began in 2008. By way of contrast, the NFL created the Mild Traumatic Brain Injury Committee in 1994. The National Hockey League (NHL) introduced a Concussion Policy in 1997 and required NHL team doctors to document all concussions 94

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and collected the data on standardized injury report forms. In 1997, the NHL began baseline testing for its players and required team doctors and trainers to maintain records of all players believed to have concussions. Upon information and belief, the WWE waited nearly a decade before following suit with even a policy and has yet to collect or release data about the frequency of concussions or document wrestlers with long-term head trauma. 414.

In the ensuring decade between the time major sports leagues adopted

concussion policies and the WWE created its policy, science continued to build that repeated head injuries were resulting in an unseen epidemic of brain damaged athletes. 415.

The NFL engaged in a protracted debate about the mounting evidence, at

first attempting to discredit the research of doctors examining brain tissue of deceased NFL players. In the face of overwhelming scientific evidence the NFL finally decided to strongly warn its players in July of 2010 with a notice that concussions: "may lead to problems with memory and communication, personality changes, as well as depression and the early onset of dementia. Concussions and conditions resulting from repeated brain injury can change your life and your family's life forever." Upon information and belief, the WWE has never so warned its wrestlers, including Nelson Frazier, Jr. Entering 2015, the NFL is awaiting final approval of a $765 million dollar settlement of an MDL to compensate players for concussions sustained over decades. The argument in that case of course is very similar to the arguments made on behalf of Nelson Frazier, Jr. in this Complaint - namely the concealment, failure to warn, and failure to prevent head injuries over the decade-plus career of Mr. Frazier should impose liability on the WWE.

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Dr. Bennett Omalu who pioneered the research into classifying CTE as a

new disease entity studied the brain tissue of a deceased NFL player named Mike Webster and published his findings in Neurosurgery in July 2005. A month previously, Terry Long, a 45 year old Pittsburg Steelers player committed suicide. Dr Omalu opined that the cause may have been brain damage in line with his studies. 417.

NFL Pittsburg Steelers team doctor for twenty-five years, Dr. Joseph

Maroon attacked this conclusion. Dr. Maroon reportedly told the Pittsburg Post-Gazette that Dr. Omalu's conclusion that NFL Player Terry Long's suicide may have been the result of depression caused by head injuries during his career in football was "fallacious reasoning." Dr. Maroon: 'To go back and say that he was depressed from playing in the NFL and that led to his death 14 years later, 1 think is purely speculative," Maroon continued: "He could have had a head injury that wasn't reported before football. He could have had a fight, he could have had a head injury.... And that's why I'm saying it's so speculative." 418.

In November of 2006, Dr. Orrialu published a second paper after finding

CTE in the brain of fointer Steelers' player Terry Long. He links Webster and Long's career to the brain damage: "Our first and second cases both had long careers without multiple recorded concussions. Both manifested Major Depressive Disorder after retirement." 419.

In June of 2007, W'WE superstar Chris Benoit committed suicide after

murdering his wife and child. 420.

Dr. Omalu studied Chris Benoit's brain tissue and concluded that he had

CTE.

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The WWE hired Dr. Joseph Maroon, to be its chief medical direotor in

2008. This is the same doctor previously employed by the Pittsburg Steelers that had attempted to discredit Omalu's NFL findings. 422.

In March 2008, it was reported by The Sports Legacy Institute (SLI) that

"anonymous wrestlers" had said the WWE had commenced concussion testing for active wrestlers. SLI reported: "WWE management has instituted a concussion management program. At a mandatory meeting for all performers in early March [2008] WWE performers took a computerized neuropsychological testing protocol, which evaluates such things as memory, cognition skills, and reaction time. They will be re-tested aggressively every six months to look for long term health issues, as well as re-tested after suspected concussions to help determine when it is safe to return to in-ring action." Thus, the WWE has finally adopted some duty, but it of course comes too late. 423.

On March 11, 2008, Nelson Frazier, Jr. performed his last match for the

424.

In March of 2009, Andrew "Test" Martin, a WWE superstar committed

WWE.

suicide: In December of 2009, his brain tissue was examined by Dr. Omalu who concluded Martin had CTE. Dr. Julian Bailes,. Omalu's co-director at the Brain Institute and the chairmen of the Department Of Neurosurgery at the. West Virginia University School of Medicine; and who studied the Benoit issue, commented to .ESPN: "People wondered if Mike Webster was an isolated event",... "and then came Terry Long and Andre Waters. When we announced our findings about Chris [Benoit], some in the media said it was 'roid rage. We said at the time the real finding was that repeated head trauma was the cause. With Andrew Martin as the second ease, the WWE and the sport in

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general have to ask theinselves,ls this a trend?' The science tells us that jumping off 10foot ladders and slamming people with tables and chairs is simply bad for the brain."'.. 425.

In a pattern that echoes that of the NFL's original response to this science,

the WWE responded on ESPN: "While this is a new emerging science, the WWE is unaware of the veracity of any of these tests, be it for Chris Benoit or Andrew Martin. Dr. Omalu claims that Mr. Benoit had a brain that resembled an 85-year-old with Alzheimer's, which would lead one to ponder how Mr. Benoit would have found his way to an airport, let alone been able to remember all the moves and information that is required to perform in the ring.. .WWE has been asking to see the research and tests results in the case of Mr. Benoit for years and has not been supplied with them."' 426.

Dr. Omalu responded to the WWE statement as follows: "Dr. Maroon was

there with us and he was shown all our research information, slides, and specimens- on Chris Benoit and all the athletes' brains we studied."I° 427.

Dedicated to wrestling, the vast majority of wrestlers naturally rely on the

WWE with its highly educated managerial, legal and medical personnel.to disclose important medical risks. 428.

The WWE had access to the boxing, football and other concussion studies

described herein. With the WWE's resources and highly-educated managerial, legal and medical staff, it was uniquely positioned to inform Nelson Frazier, Jr. of the increased risks that those NFL and other concussion studies had already clearly demonstrated. But the WWE never informed Nelson Frazier, Jr. or other wrestlers that these and other ESPN. corn, httplisports.espn.go.cornicspn/otlinews/story?i4=4724912, last accessed Feheudry 13, 2015. 9 See ESPN.com, littp://sports.espn.go .coiniespnlotlinews/story? id=4724912, last accessed February 13, 2015. Irwin, Muchnick, Concussion, Inc., p. 67 (ECW Press, 2015).

8 See

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studies demonstrate an increased risk for wrestlers, or that the study results had any implications for WWE wrestlers. Knowing that the WWE had far greater information, and was much more advantageously positioned to obtain information about the causes, prevention and treatment of concussions and other head injuries, Nelson Frazier, Jr. reasonably relied on the WWE to inform him fully and promptly about material information. In refusing for decades to properly diagnose and treat concussions suffered by its wrestlers, the WWE misled Plaintiffs Decedent and others into believing that returning quickly to wrestle, often in the same match in which they were concussed or otherwise "had your bell rung," was safe, posing neither short-term nor long-term dangers of brain injury and neuro-cognitive impairment. 429.

The WWE culture imposes a code of silence on injuries; further, the

WWE understands the inherent coerciveness that made Nelson Frazier, Jr. and others particularly susceptible to rely on the WWE's silence about the concussion and head injury risks they faced. The WWE knows that the world is filled with wrestlers desperately eager to perform in the WWE. indeed Nelson Frazier, Jr. was repeatedly dropped from the card and then returned to the WWE during his career. Nearly all wrestlers investigated report that that 'everyone is afraid of losing their job' at all times unless they are at the very top of the organization. 430.

The WWE also knows full well that upon reaching the WWE, which is

generally regarded as the ultimate goal for any pro-wrestler, a wrestler wants to remain there. The WWE failed to inform these wrestlers (who are highly competitive individuals to begin with) that they risked serious and possibly permanent and disabling brain injuries or cognitive problems if they suffered concussions or continued to wrestle after

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suffering a head hit. The WWE knew, or surely should have known, that Nelson Frazier, Jr. would understand that silence as affirmation that WWE wrestlers not only could, but should, perform in a violent manner and continue to wrestle after a head injury and that doing so posed no danger to their health. At no time, including during the fifteen year career of Nelson Frazier, Jr., did the WWE implement a Concussion Program. At no time in the years following his career did the WWE take any action to inform him about the long-term effects of concussions, sub-concussive impacts and other head injuries that frequently are latent, developing, and only manifest themselves after a wrestler's WWE career has ended. 431.

In addition to its neglect at every level regarding head injurie, the WWE

has failed to care for and monitor the cardiac health of its wrestlers including Nelson Frazier, Jr. 432.

The WWE Wellness policy advises; "WWE implemented its Talent

Wellness Program on February 27, 2006.... Since it implementation the Wellness Program has been refined and ekpanded to cover: Comprehensive Medical and Wellness Staffing, Cardiovascular Testing and Monitoring, ImPACT testing, Substance Abuse and Drug Testing, Annual Physicals, Health Care Referrals."11 433. The Policy further reads: Cardiovascular Testing and Monitoring Program All WWE talent undergo an extensive cardiovascular stress test before they are offered a contract by WWE, and subsequently tested at least biennially while under contract (more frequently as and when

" See Corporate WWE.com, http://corporate. me.com/wellnessitalent-wellness-summary, last accessed

February 13, 2015.

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circumstances warrant). Dr. Bryan Donohue, Division Chief of Cardiology at University of Pittsburgh Medical Center Shadyside Hospital, and Senior Partner at Donohue Cardiology Associates, •administers WWE's cardiovascular testing and monitoring program. Referrals to Consulting Health Care Providers On An As Needed Basis WWE offers all WWE talent the opportunity for referral to qualified health care professionals who can help them with issues that may arise from time to time. Under the supervision of Dr. Maroon, WWE has established relationships with renowned specialists in psychiatry, orthopedics and endocrinology. 434.

The WWE has clearly assumed and voluntarily undertaken a duty to its

wrestlers, including Nelson Frazier, Jr. That duty did not end when he was shown the door. With the pronouncements on the WWE's website about its cardiovascular knowledge it is obvious that Nelson Frazier, Jr., the '487 pound monster' and 'World's Largest Love Machine' may have required long term cardiac care. Upon information and belief Nelson Frazier, Jr. was not tested or screened during his wrestling career for the WWE, and if he was so tested, it was negligently administered. THE STATUTE OF LIMITATIONS IS TOLLED WWE'S Duty to Nelson Frazier, Jr. Underscores Propriety of Equitable Tolling 435.

The WWE undertook a duty of care to Plaintiff's Decedent. The WWE's

fortunes depended on Nelson Frazier, Jr.'s performance abilities, his technical skills, his physical strength and abilities; his dedication; his ability to, fill arenas with fans, his ability to generate licensing revenue through consumer products bearing his names and 101

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likenesses, and driving the ever-increasing WWE revenues from TV contracts the WWE negotiated. Wrestlers like Mr. Frazier, and their enormous popularity, are the WWE's primary asset. The WWE had vastly greater resources than Nelson Frazier to obtain, analyze and disseminate information about the dangers of concussions and head hits. Knowing that the WWE' s fortunes depended on their ability to perform, Nelson Frazier reasonably relied on the WWE to inform him about safety and health information. Nelson Frazier, Jr. reasonably relied on what the WWE said and did not say regarding his health and safety. 436.

Plaintiff reasonably acted on what the WWE omitted — that concussions

and sub-concussive hits are serious and result in permanent disability and brain trauma, and that returning to wrestle before being properly evaluated, treated and cleared to wrestle could result in enormous risks of permanent damage, especially in returning to wrestle immediately after taking brutal hits to the head. The WWE had a duty toward its wrestlers, including Nelson Frazier, Jr., based upon its special relationship with its wrestlers, assumed duty of care toward its wrestlers, voluntary undertaking of the Wellness Program, and superior knowledge about the causes, frequency, severity and proper treatment of concussions, mild traumatic brain injuries and other sub-concussive injuries and head trauma. Plaintiff Nelson Frazier, Jr. appropriately placed his trust and confidence in the WWE. In light of the WWE's duty of care toward the Plaintiff, the WWE's silence about the dangers of concussions, TBI and other head injuries suffices to toll any limitations or repose periods. Beyond mere silence, the Vv-WE affirmatively concealed facts to this day that were required to put Plaintiff on notice of his claims. 437.

WWE was under, but breached, a continuing duty to disclose the true

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character, quality, and nature of the after-effects of concussive events, sub-concussive events and/or brain injuries. Because Defendant concealed the true character, quality and nature of these injuries, it is estopped from relying on any statute of limitations defense. The applicable statute of limitations is tolled because Defendants' fraudulent concealment of the dangers and adverse effects of head injuries prevented Plaintiff Nelson Frazier, jr. from learning of or properly appreciating the hazards to his health. CAUSES OF ACTION COUNT I Negligence 438.

Plaintiff re-alleges and incorporates by reference the foregoing paragraphs

as if specifically pled herein. 439.

The WWE has historically and voluntarily assumed an independent tort

duty of reasonable care regarding WWE Talent safety and head trauma. The WWE has stated: "WWE's top priority is the health and wellness of our -Superstars and Divas. WWE performers are the company's greatest asset — Without our performers, WANE would not exist."' 2 Yet, as previously outlined throughout this Complaint, the WAVE has failed to discharge this duty non-negligently. As a direct and proximate result, WAVE Talent such as Nelson Frazier, jr. suffered serious, life-threatening injuries, which ultimately -resulted in his untimely death.

12 See Corporate WWE.com, Talent Wellness Program Summary, http://corporate.wwe.com/wellness/talent-wellness-summary, last accessed February 13, 2015.

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440. Since the founding of Titan Sports in 1980, the company that would become the WWE, the organization has assumed the common law duty to ensure the safety of the WWE Talent participating in the WWE performances and to inform the WVVE Talent of necessary safety including training, techniques, medical advice, prescription requirements, and medical monitoring and diagnosing of injuries such as concussions and sub-concussions during perfolinances, in part as a result of the following: a.

The WWE is the purveyor of all rules and regulations for each

performance, and is personally responsible for the order of events and wrestling cards which set up the matches and provide the list of techniques to be used by each wrestler throughout the event. In fact, the WWE proudly touts that even Vince McMahon, the CEO of the WWE, participates in the choreographing and storyline of the WWE performances. b.

The WWE maintains medical and wellness staffing "ringside"

including physicians and athletic trainers, as well as drug testing accommodations. These physicians and athletic trainers, supervised by Dr. Chris Amann, alongside the other WWE staff such as the bookers and trainers, are and have been responsible for the safety of each performance. c.

The WWE established the "Talent Wellness Program" in 2006 and

is supervised by Dr. Joseph Maroon. The Talent Wellness Program, according to the WWE corporate website, "includes cardiovascular testing, medical and wellness staffing, annual physicals and health care referrals, and IrnPACT testing,

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where every one of its talent undergoes baseline neurocognitive testing." The WWE also runs a "Substance Abuse and Drug Testing" program. d.

The WWE has established a "Professional Development" program

where they assert that "life skills, education, wellness and career success" are emphasized through seminars which include seminars on living a healthy lifestyle and injury and illness prevention. e.

WWE employees, servants, or actual or apparent agents were

responsible for, and were under the direction of the WWE in the roll-out and production of the "Talent Wellness Program", the "Professional Development" program, all pre-ring, in-ring, and post-ring medical care and treatment, and all testing of the WWE Talent. The WWE staff were responsible for observing, monitoring, testing, and providing medical care and treatment throughout the WWE performance process, and were acting within the scope of their employment and/or agency with the WWE when engaging in the medical monitoring, care and treatment of the WWE Talent, as well as informing and omitting to inform the WWE Talent regarding necessary and pertinent health information. 441. The WWE undertook the duty to provide proper and necessary medical care and treatment of the WWE Talent by providing and offering to provide medical monitoring, care, and treatment before, during, and after the WWE performances. WWE undertook efforts to direct wrestlers, including Nelson Frazier, Jr., to trust and rely on WWE to provide knowledge, information, and medical oversight for their well-being, under the guise that WWE would clear wrestlers for matches before allowing them to

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step into the ring safely, and to monitor wrestlers for signs of true injury or harm. However, such action was perpetrated for the purpose of coaxing wrestlers to perform event after event, without proper treatment, in order to maximize "entertainment" for spectators, irrespective of the harm caused to wrestlers, including but not limited to Nelson Frazier, Jr. 442, The WWE has known the risks of concussive and sub-concussive injury in wrestling. On information and belief, the WWE has paid medical science consultants to advise it regarding health risks associated with wrestling for the WWE, including the health risks associated with repetitive concussive and sub-concussive injuries. 443.

Such ongoing medical advice and information gave the WWE continuing

superior knowledge to the WWE Talent, including Decedent. When taken with the WWE's unilateral power to set rules and determine policies throughout its performances, the WWE was at all relevant times situated to direct and control how the performance would be played out and to determine the risks to which WWE Talent would be exposed. 444.

As a result, the WWE unilaterally assumed a duty to act in the best

interests of the health and safety of the WWE Talent, to provide truthful information to the WWE Talent regarding risks to their health, and to take all reasonable steps necessary to ensure the safety of the WWE Talent. 445.

As part of this duty of reasonable care, the WWE was required to keep the

WWE Talent informed of neurological risks of head injuries suffered while wrestling in WWE performances, and not to omit material information about the risks of negative long term effects or permanent neurological damage that can occur from head injuries sustained while wrestling.

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446. The WWE breached this duty of reasonable care to its Talent, including Nelson Frazier, Jr., by: (a)

Creating, fostering, and promoting a culture of extreme violence, including head hits with metal folding chairs, techniques causing severe trauma to the spine, neck, and head with accurate names such as the "Brain Buster", and violence from fighting, where head trauma to the WWE Talent was a natural and common corollary;

(b)

Failing to inform the WWE Talent about the scientific research on the negative health effects of head trauma and about anecdotal evidence from the negative health effects of head trauma from its own WWE Talent;

(c)

Failing to warn the WWE Talent of the potential negative effects of head injuries suffered while wrestling for the WWE, including but not limited to, that they might be developing CTE and should be checked for symptoms to ensure that they understood that continued wrestling for the WWE might expose them to irreversible brain damage and neurocognitive impailment;

(d)

Failing to adequately address the continuing health risks associated with concussive events, sub-concussive events and/or brain injuries that the WWE Talent sustained;

(e).

Failing to make any statements or substance about concussions, MTBI, CTE and/or other head injuries;

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Failing to provide competent information to the WWE Talent with respect to the significance of head injuries and/or concussions, their symptoms and the necessary and/or proper treatment of the same;

•(g)

Refusing to recognize the risks to players of repetitive sub-concussive and concussive head impacts;

(h)

Avoiding any proper study of concussion and other head injuries;

(i)

Willfully, wantonly, recklessly, and/or negligently inducing Nelson Frazier to wrestle and/or continue wrestling having sustained serious injuries including, but not limited to, concussions, sub-concussions, and CTE without being properly treated and rehabilitated for the sole purpose of increasing corporate profit; and

(1)

Failing to address cardiovascular and other health-related issues in an appropriate manner, if at all.

447.

As a direct and proximate result of the Defendants' negligent acts and

omissions as previously stated, Nelson Frazier suffered traumatic brain damage from sustained concussions, sub-concussions, and CTE, an increased risk of further concussions and sub-concussions, an increased severity of concussions and subconcussions, disfiguring scarring and physical injury, loss of mental acuity and acumen, loss of short-term memory, loss of awareness, depression, loss of a healthier state of being, as well as other symptoms and disorders resulting from his severe injuries. 448.

As a direct and proximate result of the Defendants' negligent acts and

omissions as previously stated, Nelson Frazier experienced pain and suffering, loss of enjoyment of life, and other non-economic damages, in that he suffered serious injury,

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including but not limited to long-term neurological damage and CTE, and the serious symptoms and disorders resulting from that damage, which further resulted in lost and/or reduced income during his life, and ultimately caused or contributed to his untimely death. 449.

As a direct and proximate result of Defendants' conduct, Plaintiff incurred

expenses for funeral, burial, medical treatment, and other related costs in an amount to be determined at trial. 450.

As a direct and proximate result of Defendants' negligent acts and

omissions, Plaintiff suffered and will continue to suffer in the future the loss of Nelson Frazier, Jr.'s love, companionship, comfort, affection, society, moral support, and solace related to Nelson Frazier Jr.'s injuries during his life and related to his untimely death. 451.

As a direct and proximate result of Defendants' conduct, Plaintiff will, in

the future, incur loss of financial support of Nelson Frazier Jr.'s earning capacity in an amount to be determined at trial. •

452. Wherefore, Cassandra Frazier and the Estate of Nelson Frazier assert the

WWE is liable to Plaintiff for the WWE's negligent conduct and therefore Plaintiffs hereby seek the full measure of damages allowed under applicable law.

couNT II Negligent Misrepresentation 453.

Plaintiff re-alleges and incorporates by reference the foregoing paragraphs

as if specifically pled herein. 454.

The WWE materially misrepresented the risks faced by Nelson Frazier Jr.

related to head, back, and spine injuries through misleading public statements, promoting a culture requiring players to fight through the pain, and criticizing the legitimate 109

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scientific studies which illustrated the dangers and risks of head injuries and the longterm effects of concussions. 455.

As detailed previously in this Complaint, a special relationship exists

between the WWE and the WWE Talent sufficient to impose a duty on the WWE to disclose accurate information to the WWE Talent such as Nelson Frazier, Jr. This duty arose because the WWE had superior special knowledge of material medical information that the WWE Talent did not have access to, nor was readily available to them, and the WWE communicated with the WWE Talent and the public, not only completely omitting material information about the true risks of head trauma regarding participation in WWE wrestling, but specifically stating that WWE wrestlers with diagnosed brain trauma did not receive these injuries as a result of wrestling for the WWE, resulting in incomplete, partial, or ambiguous statements regarding safety and head injuries. 456.

Despite its knowledge of such material facts, and generally speaking about

concussion and head injuries, the WWE negligently omitted to disclose material information to its WWE Talent regarding the link between head injuries suffered while wrestling for the WWE and the resulting negative effects and cognition-impairing conditions. 457.

The WWE actively omitted true information at 'a time when they knew, or

should have known, because of their superior position of knowledge, that Nelson Frazier, Jr. faced serious health problems if he returned to the ring too soon after sustaining a concussion.

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The persons who made the misrepresentations as agents of the WWE

and/or the WWE's "Talent Wellness Program" had no reasonable ground for believing them to be true. 459.

The WWE intended to induce Nelson Frazier, Jr.'s reliance on these

misrepresentations. 460.

Nelson Frazier, Jr. justifiably and reasonably relied on the WWE's

negligent misrepresentations to his detriment when wrestling for the WWE, relying on, what the WWE said and failed to say to the WWE Talent about concussions and other head injuries. 461.

Nelson Frazier, Jr.'s reliance on the WWE's negligent misrepresentations

by omission were reasonable given the WWE's superior and unique vantage point on these issues. 462.

Had Nelson Frazier, Jr. been aware of such information, he would not

have agreed to jeopardize his health and he would have ensured that he received appropriate medical care, treatment, and rehabilitation to ensure he was completely healed before returning to wrestle for the WWE. 463.

The WWE failed to act with reasonable care by negligently omitting to

disclose material information to Nelson Frazier regarding the link between concussions and brain injury and the resulting negative effects and cognition-impairing conditions. 464.

As a direct and proximate result of the WWE's negligent

misrepresentation by omission, Nelson Frazier, Jr. experienced pain and suffering and suffered serious permanent and debilitating injuries, including but not limited to neurological damage and CTE, which resulted in his untimely death.

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465.

The WWE's misrepresentations proximately caused Nelson Frazier, Jr.'s

466.

As a direct and proximate result of the WWE's misrepresentations,

death.

Plaintiff incurred expenses for funeral, burial, medical treatment, and other related costs in an amount to be determined at trial. 467.

As a direct and proximate result of the WWE's misrepresentations,

Cassandra Frazier has suffered and will continue to suffer in the future the loss of Nelson Frazier's love, companionship, comfort, affection, society, moral support, and solace related to Nelson Frazier's injuries during his life and related to his untimely death. 468.

As a direct and proximate result of the WWE's misrepresentations,

Cassandra Frazier will in the future incur loss of financial support of Nelson Frazier's earning capacity in an amount to be determined at time of trial. 469.

Wherefore, Plaintiff, individually, as successor in interest and as the

personal representative of the Estate of Nelson Frazier, seeks and is entitled to recover the full amount of damages allowed under applicable law from the WWE on behalf of and for herself and the Estate. COUNT III Intentional Misrepresentation 470.

Plaintiff re-alleges and incorporates by reference the foregoing paragraphs

as if specifically pled herein. 471.

The WAVE materially misrepresented the risks faced by Nelson Frazier

related to head injuries. The WWE, through misleading and deceptive public statements and published articles downplayed known long-term health risks of concussions to the WWE Talent. 112

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Material misrepresentations were made by WWE staff, including the

corporate office. The material misrepresentations include but are not limited to remarks that the WWE Talent were not at an increased risk of head injury if they returned too soon to the ring or training session after suffering a head injury. 473.

The WWE's material misrepresentations included criticism of legitimate

scientific studies which illustrated the dangers and risks of head injuries and the longteim effects of concussions. 474.

The WWE made these misrepresentations and actively concealed adverse

information at a time when they knew, or should have known, that Plaintiffs decedent faced serious health problems if he was forced to return to the ring too soon after suffering brain trauma. 475.

The persons•i,vho made these misrepresentations as agents of the WWE

and its "Talent Health and 'Wellness Program" had knowledge of their falsity and knowledge of the detrimental effect of concealment of material facts. 476.

The WWE intended to induce Nelson Frazier's reliance on the

misrepresentations and to induce him to alter his position to his injury and risk. 477.

Nelson Frazier, Jr. justifiably and reasonably relied on these

misrepresentations when wrestling for the WWE. Had he known the true risks to his health, he would not have agreed to jeopardize his health. 478.

The WWE's misrepresentations proximately caused and/or contributed to

Nelson Frazier Jr.'s injuries and death. 479.

As a direct and proximate result of the WWE's misrepresentations, Nelson

Frazier, Jr. experienced pain and suffering and suffered serious permanent and

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debilitating injuries, including but not limited to neurological damage and CTE, which, caused and/or contributed to his untimely death, as well as emotional distress, pain and suffering, and economic and non-economio damages. 480.

As a direct and proximate result of the WWE's misrepresentations,

Cassandra Frazier incurred expenses for funeral, burial, medical treatment, and other related costs in an amount to be determined by proof at trial. 481.

As a direct and proximate result of the WWE's misrepresentations,

Cassandra Frazier suffered and will continue to suffer in the future the loss of Nelson Frazier Jr.'s love, companionship, comfort, affection, society, moral support, and solace related to Nelson Frazier's injuries during his life and related to his untimely death. 482.

As a direct and proximate result of the WWE's misrepresentations,

Cassandra Frazier will in the future incur loss of financial support of Nelson Frazier Jr.'s earning capacity in an amount to be determined at trial. 483.

Wherefore, Plaintiff, individually, as successor in interest, and as personal

representative of the Estate of Nelson Frazier, seeks and is entitled to recover the full measure of damages allowed under applicable law from the WWE on behalf of herself and the Estate. COUNT IV Fraudulent Concealment 484.

Plaintiff re-alleges and incorporates by reference the foregoing paragraphs

as if specifically pled herein. 485.

As previously set forth, the WWE was aware prior to Nelson Frazier

contracting with the WWE as a WWE Talent in 1993 that repetitive head impacts in wrestling and training sessions created a risk of harm to the WWE Talent. 114

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Prior to 1993, the WWE was aware of and understood the significance of

the published medical literature demonstrating the serious risk of both short-term and long-term adverse consequences from the kind of multiple concussions and repetitive sub-concussive traumatic brain injuries to which the WWE Talent were exposed. 487.

The WWE knowingly and fraudulently concealed from the WWE Talent

and former WWE Talent the risks of head injuries, in particular the heightened risk created by returning to the ring before making a proper recovery from their head injuries. 488.

From the time Nelson Frazier contracted with the WWE as a WWE Talent

in 1993 to his untimely death on February 18, 2014, the WWE voluntarily and repeatedly made material representations to its WWE Talent, former WWE Talent, and the public at large that there was no evidence linking, or insufficient evidence linking multiple concussions and repetitive sub-concussive traumatic brain injuries to latent cognitive/brain injury, including CTE and its related symptoms. 489.

The WWE concealed material facts and information with the intent to

deceive and defraud. The WWE's conduct delayed Plaintiff s Decedent who fought as a WWE Talent, and retired without the necessary knowledge to make an informed decision to plan for the future of himself and his family and to seek appropriate treatment for his latent neurodegenerative condition during his life. 490.

The WWE knew that Nelson Frazier would rely on the inaccurate

information provided by the WWE. 491.

Nelson Frazier relied on this inaccurate infoiniation during and after his

career with the WWE.

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As a direct and proximate result of the WWE's willful concealment,

Nelson Frazier suffered substantial injuries, including but not limited to brain damage and CTE, which caused and/or contributed to his untimely death, as well as emotional distress, pain and suffering, and economic and non-economic damages. 493.

As a direct and proximate result of the WWE's misrepresentations,

Cassandra Frazier will in the future incur the loss of financial support of Nelson Frazier's earning capacity in an amount to be determined at trial. 494.

Wherefore, Plaintiff, individually, as successor in interest, and as personal

representative of the Estate of Nelson Frazier, seeks and is entitled to recover the full measure of damages allowed under applicable law from the WWE on behalf of herself and the Estate. COUNT V Fraud by Omission / Failure to Warn 495.

Plaintiff re-alleges and incorporates by reference the foregoing paragraphs

as if specifically pled herein. 496.

The WWE had a duty to promptly disclose and speak the full truth

regarding the health risks caused by concussion and sub-concussive blows to the head. This duty arose because the WWE had superior special knowledge of material medical information that the WWE Talent did not have access to, nor was readily available to them, and the WWE communicated with the WWE Talent and the public, not only completely omitting material information about the true risks of head trauma regarding participation in WWE wrestling, but specifically stating that WWE wrestlers with diagnosed brain trauma did not receive these injuries as a result of wrestling for the

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WAVE, resulting in incomplete, partial, or ambiguous statements regarding safety and head injuries. 497.

The WAVE breached that duty by fraudulently failing to disclose material

information to Nelson Frazier regarding the risks of head injuries suffered while wrestling as a WWE Talent, including, but not limited to, the link between concussions and brain injury and resulting negative effects and cognition-impairing conditions, and the risks that he might be developing CTE and should be checked for symptoms to ensure that he understood that continued wrestling might expose him to irreversible brain damage and neuro-cognitive impairment. 498.

Specifically, the WWE concealed material facts and information with the

intent to evade the truth, which caused Nelson Frazier to become exposed to the harm referenced above. 499.

Nelson Frazier justifiably relied on the 'WWE's fraudulent omissions to his

detriment. 500.

Given the WWE's superior and special knowledge and resources, Nelson

Frazier reasonably relied upon the WWE for guidance on head injuries and concussions, and reasonably relied upon the WWE's fraudulent omissions of material fact, which concealed and minimized the perceived risks of repetitive brain impacts that WWE Talent suffered while wrestling for the AVAVE. 501.

Had Nelson Frazier been aware of such information he would have

ensured that he received appropriate medical treatment and ensured that he was completely healthy and his brain had completely healed before returning to the ring.

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As a direct and proximate result of the WWE's fraud by omission and

failure to warn, Nelson Frazier suffered serious injuries, including but not limited to longterm neurological damage, and the serious symptoms and disorders resulting from that damage. 503.

Wherefore, Plaintiff; individually, as successor in interest, and as personal

representative of the Estate of Nelson Frazier, seeks and is entitled to recover the full measure of damages allowed under applicable law from the WWE on behalf of herself and the Estate. COUNT VI Vicarious Liability 504.

Plaintiff re-alleges and incorporates by reference the foregoing paragraphs

as if specifically pled herein. 505.

Defendant WWE employs agents and employees to carry out its various

business functions, including all functions related to contact with wrestlers, including but not limited to Nelson Frazier, Jr. 506.

At all times relevant to this case, employees and agents of WWE acted

with the actual, implied, or apparent authority of Defendant WWE. 507.

At all times relevant to this case, employees and/or agents of WWE, in

their dealings with Nelson Frazier, Jr., acted within the course and scope of their employment or authority with WWE. 508.

At all times relevant to this case, WWE is vicariously liable for negligent,

reckless, willful, wanton, or other actions and/or omissions perpetrated by employees and/or agents of WWE, for all harms caused to Plaintiff and Nelson Frazier, Jr.

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COUNT VII Wrongful Death 509.

Plaintiff re-alleges and incorporates by reference the foregoing paragraphs

as if specifically pled herein. 510.

Cassandra Frazier was the wife of Nelson Frazier at the time of his death

at the age of 43. 511.

Nelson Frazier's untimely death on or about February 18, 2014 was a

direct and proximate result of having suffered multiple past traumatic brain injuries while wrestling for the WWE as a WWE Talent from• 1993 to 2008. 512.

The WWE knew for decades of the potential harmful effects on a

wrestler's brain of multiple concussions and head trauma; however the WWE has concealed these facts from the WWE Talent, including Nelson Frazier and the public, with negligent disregard for Nelson Frazier's safety and life. Nelson Frazier's death was a direct and proximate result of the WWE's negligence. 513.

The WWE knew and understood that persons who sustained repetitive

concussive events, sub-concussive events, and/or other brain injuries are at significantly greater risk for chronic neuro-cognitive illness and disabilities, including potentially lifethreatening illnesses, disabilities, and complications, whether during their wrestling careers or, especially, later in life. 514.

The WWE and the WWE Medical Staff were obsessed with the size of

Nelson Frazier's characters and repeatedly glorified and utilized Nelson Frazier's weight against sound medical advice for the sole purpose of corporate profit and greed. The WWE Medical Staff, instead of providing appropriate medical care, diagnosis, treatment, 119

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PageID 135

and advice, routinely upheld the 'WWE' s corporate agendas over their licensed medical duties. 515.

As a direct and proximate result of the WWE's wanton, reckless, and

negligent actions, Nelson Frazier suffered severe symptoms from concussions, subconcussions, and CTE, including disfiguring scar tissue, head trauma, confusion, disorientation, short-temi memory loss, difficulty performing basic tasks, severe migraines, and severe depression, along with other serious complications resulting from the injuries sustained as a result of the Defendants' negligence, including Nelson Frazier's untimely death. 516.

As a direct and proximate result of the WWE's negligence, Nelson Frazier

was put in a worse-off state of well-being as evidenced by the above complications, which to a reasonable degree of medical certainty, more likely than not attributed to Nelson Frazier's heart attack and his inability to survive the heart attack. 517.

As a direct and proximate result of the WWE's actions, Cassandra Frazier

suffered and will continue to suffer in the future the loss of Nelson Frazier's love, companionship, comfort, affection, society, moral support, and solace related to Nelson Frazier's untimely death, and have been caused great mental shock and suffering. Cassandra Frazier has and will forever be caused grief and sorrow by the loss of her husband Nelson Frazier's society and companionship. Cassandra Frazier has been deprived of his future guidance, experience, and judgment. She has incurred and suffered the following actual and consequential damages: (a)

Mental and physical suffering;

(b)

Loss of time;

120

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(c)

Funeral and burial expenses; and

(d)

The pecuniary value of life of Nelson Frazier, including loss of

PageID 136

consortium. 518.

Plaintiff brings suit for all claims of Nelson Frazier, Jr., and all damages

and relief awardable, pursuant to Tenn. Code Ann. § 20-5-101 et seq., for the wrongful death of Nelson Frazier, Jr., seeking compensation for the harms caused Nelson Frazier, Jr. by WWE prior to his death, as well as the pecuniary value of his life. 519.

As a further result and because of the reckless, willful, negligent, and

grossly negligent conduct (more particularly set out in other paragraphs of the Complaint) of the Defendants, the Plaintiff is entitled to actual, consequential, and punitive damages in an amount to be determined by the jury in accordance with the law and evidence in this case. 520.

Wherefore, Plaintiff, as the wife, successor in interest, and/or personal

representative of the Estate of Nelson Frazier, is entitled to recover actual, consequential, and punitive damages, together with costs of this action, and for such other relief as this Court may deem fit, just, and proper. COUNT VIII Punitive Damages 521, Plaintiff re-alleges and incorporates by reference the foregoing paragraphs as if specifically pled herein. 522. The WWE's conduct evidences an intentional, willful, wanton and/or reckless disregard for the safety, well-being, and condition of Nelson Frazier, Jr., in order to profit from the entertainment value of their business by repeatedly and consistently choosing to emphasize corporate profit and greed over the health, safety, and ell-being 121

Case 2:15-cv-02198-JPM-cgc Document 1-1 Filed 03/24/15 Page 126 of 130

PageID 137

of the WWE Talent by developing a culture where wrestlers were required to fight through the pain and sustain severe head trauma all while the WWE continued to disregard medical science and the scientific evidence regarding concussions and subconcussions. 523.

The WWE' s callous disregard for safety resulted in the serious,

permanent, physical and emotional injuries and Nelson Frazier's death and has put other WWE Talent at great risk. 524.

Under the laws of Tennessee, and by reason of the foregoing, Plaintiff is

entitled to recover punitive damages and other damages allowable by law, in an amount to be determined by a jury including, in addition to other damages asserted herein. COUNT IX Loss of Consortium Suffered by Cassandra Frazier 525.

Plaintiff re-alleges and incorporates by reference the foregoing paragraphs

as if specifically pled herein. 526.

As the wife of Nelson Frazier, P aintiff is entitled to bring this action

pursuant to applicable law. 527.

Prior to his death, Nelson Frazier experienced years of headaches, severe

migraine headaches, loss of memory, memory lapses and deficiency, confusion, disorientation, sleeping problems, cervical spine arthritis, dizziness, impulse control problems, suicidal thoughts, severe depression, bi-polar mood symptoms, anxiety and panic disorder, extreme fatigue and apathy, blurred vision, slurred speech, extreme sensitivity to light and/or irritability. 528.

As a direct and proximate result of the WWE's negligence, negligent

misrepresentations, fraud, and intentional, willful, reckless and/or wanton conduct, 122

Case 2:15-cv-02198-JPM-cgc Document 1-1 Filed 03/24/15 Page 127 of 130

PageID 138

Cassandra Frazier suffered the loss of Nelson Frazier's consortium, love, companionship, comfort, affection, society, moral support, and solace caused by Nelson Frazier's injuries during his life. 529. Under the laws of Tennessee, Cassandra Frazier, individually, is entitled to recover damages for the loss of her husband's consortium during his life. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant, as follows: 1.

For compensatory and general damages according to proof;

2.

For special and incidental damages according to proof;

3.

For punitive damages according to proof;

4.

For costs and disbursements in the action, including reasonable attorney's fees, to the extent permitted by law;

5.

For trial by jury; and

6.

For all such other, general and further relief as the Court deems just and

equitable.

óC

Dated: February 18, 2015

18667)4 ChristopherGilreath (BPR #0)11 GILREATH & ASSOCIATES, PLLC 200 Jefferson Avenue, Suite 711 Memphis, TN 38103 Telephone: (901)527-0511 Facsimile: (901) 527-0514 [email protected] Konstantine W. Kyros, Esq BBO# 634442 KYROS LAW OFFICES 17 Miles Road Hingham, MA 02043 Telephone: (800) 934-2921 123

Case 2:15-cv-02198-JPM-cgc Document 1-1 Filed 03/24/15 Page 128 of 130

Facsimile: (617) 583-1905 [email protected] Erica C. Mirabella, Esq. MIRABELLA LAW, LLC 132 Boylston Street, 5th Floor Boston, MA 02116 Telephone: (617) 580-8270 Facsimile: (617) 583-1905 [email protected] Attorneys for Plaint(ff

124

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Case 2:15-cv-02198-JPM-cgc Document 1-2 Filed 03/24/15 Page 1 of 3

EXHIBIT B

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Case 2:15-cv-02198-JPM-cgc Document 1-3 Filed 03/24/15 Page 1 of 1

CIVIL COVER SHEET

-65HY

PageID 145

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