Chuck Austin's injury

[Jack]

The Palm Beach Post, April 30, 1994, Pg. 1A

HEADLINE: EX-WRESTLER PARALYZED IN RING DURING STUNT GETS $ 26.7
MILLION

BYLINE: SARAH K. DURAN Palm Beach Post Staff Writer

DATELINE: TAMPA

A partially paralyzed Port St. Lucie man was awarded a record $
26.7 million Friday for injuries he received as a wrestling extra
during a World Wrestling Federation match three years ago in Tampa.

Charles Chuck'' Austin's face showed no reaction as the decision
was read, but he cried minutes later as friends and family
congratulated him.

They saw the truth,'' Austin said. The truth came out in spite
ofeverything that's been going on.''

Lawyers for the wrestling federation and superstar wrestler Marty
Jannetty declined comment as they left the courtroom and could not be
reached later. During much of the two-week trial, professional
wrestling was depicted as choreographed entertainment in which extras
like Austin are used to make the superstars look good.

Austin, 38, a former construction supervisor, began wrestling part
time six months before he stepped into a ring with Jannetty and Shawn
Michaels, known as The Rockers, for a tag team exhibition Dec. 11,
1990, at the Sun Dome.

Austin testified that Jannetty went over the routine with him and
explained that the match would end with the duos' signature move, a
belly-flop called the Rocker Dropper.

Austin, who had never done the move, said he was told it was a
piece of cake.''

Instead of doing a safe but convincing fall after Jannetty lifted
him up and threw him down, Austin hit the mat face first and his neck
snapped. As he lay unable to move, Jannetty rolled him over and
Michaels jumped from the top rope on top of him.

He never got up and was flown to a hospital. For his part, he was
paid $ 150.

During closing arguments Thursday, Austin's attorney, Richard
Wilkes, said WWF provided inadequate safeguards and training for
participants.

Defense lawyers argued that Austin knew there was a risk of injury
and that Austin did the move wrong.

As harsh as it sounds, Mr. Austin is responsible,'' Jannetty's
attorney,Michael Rywant, said.

Big-name professional wrestlers testified during the trial. Two
wrestlers also demonstrated the Rocker Dropper to the four men and two
women on the jury.

The trial and court records give an inside glimpse of the pro
wrestling industry as sports entertainment in which the winner is
decided before the match. Wrestlers fake injuries to put on a better
show, and they know in advance what move will be used and when, court
records show.

It's also lucrative. WWF, the largest promoter of pro wrestling,
made more than $ 100 million last year, Austin's attorney said.

While defense attorneys, argued that Austin should have realized
the risk, court testimony and records show that little effort was put
into safety procedures.

Pro wrestling was deregulated by the state in 1984. The wrestling
industry, including the WWF, has fought regulation since then with the
argument that it's more entertainment than professional sport, records
show.

The jury, which deliberated about seven hours, found WWF 90 percent
responsible for the accident, Jannetty 5 percent responsible, and
Austin 5 percent responsible.

Austin asked for at least $ 3.8 million to cover medical bills and
lost wages. What he got was believed to be the largest settlement in
Hillsborough County history.

He was a lifelong athlete before the accident, according to
testimony.

He quit school in 1977 and moved to Florida to work in
construction. He lived for a while in Lake Worth until moving to Port
St. Lucie in 1990.

A friend introduced Austin to wrestling, and he took classes at the
Treasure Coast Wrestling Academy in Fort Pierce. He was in about a
half-dozen matches before the accident.

The award included $ 5.5 million for his wife, Holly, and $ 500,000
each for their sons - Joshua, 18, and Matthew, 11.

Initially, doctors predicted Austin would not walk. With therapy
and medical treatment, Austin said he chose to dismantle his
wheelchair with the help of his sons.

God's got a plan for my life. And I don't believe the plan is for
me to be in a wheelchair,'' he said.

FLORIDA JURY VERDICT REPORTER (FJVR)

CHARLES AUSTIN, his wife, HOLLY AUSTIN, their minor child,
JOSHUA ANTHONY AUSTIN and their minor child, MATTHEW
JONATHAN AUSTIN vs. TITAN SPORTS, INC., d/b/a THE WORLD
WRESTLING FOUNDATION, MARTY JANNETTY, MICHAEL S.

HICKENBOTTOM, a/k/a SHAWN MICHAELS, individually and as
partners d/b/a "THE ROCKERS", and JOSEPH MORELLA

Docket No. 91-5344; FJVR Reference No. 94:9-46

Verdict Date: April 29, 1994; Publication Date: September
1994

TOPIC: Assault & Battery - Contracts - Sports Accident - Professional
Wrestling

RESULT: $ 26,735,780 for Plaintiffs (verdict)

($ 20,235,780 for Charles; $ 5,500,000 for Holly; $ 500,000 for Joshua
Anthony[son]; $ 500,000 for Matthew Jonathan[son]); and a directed
verdict for Defendant Hickenbottom.

Plaintiff's Negligence: 5%, Defendant Titan Sports' Negligence: 90%;
Defendant Jannetty's Negligence: 5%

JUDGMENT: $ 24,777,311 for Plaintiffs (Charles: $ 14,400,000 from
Defendant Titan Sports; $ 4,582,311 from Defendants Titan Sports and
Jannetty, jointly and severally; Holly: $ 4,950,000 from Defendant
Titan Sports; $ 275,000 from Defendants Titan Sports and Jannetty,
jointly and severally; Joshua Anthony[son]: $ 90,000 from Defendant
Titan Sports; $ 5,000 from Defendants Titan Sports and Jannetty,
jointly and severally [reduced due to the minor child reaching the age
of majority]; Matthew Jonathan[son]: $ 450,000 from Defendant Titan
Sports; $ 25,000 from Defendants Titan Sports and Jannetty, jointly
and severally).

STATE: Florida

COUNTY: Hillsborough

JUDGE: Manuel Menendez

PLAINTIFF PROFILE: Age: 35
Sex: Male
Occupation: Part-time Professional Wrestler

PLAINTIFF ATTORNEY: Richard Benjamin Wilkes of Trenam, Simmons, et
al., Tampa

DEFENDANT ATTORNEY: Joseph K. Lopez of Fowler, White, et al., Tampa
for Titan Sports; Michael S. Rywant of Rywant, Alvarez, et al., Tampa
for Jannetty and Hickenbottom; Thomas H. Dart of Dart, Ford, et al.,
Sarasota for Morella

CAUSE OF INJURY: In 1990, Plaintiff was a part-time "jobber" in
professional wrestling. On December 11, 1990, Plaintiff was hired to
perform in a professional wrestling match by Defendant Titan Sports
who was the sponsor and promotor of the event. Plaintiff was to
perform as part of a tag team which included Defendants Jannetty and
Hickenbottom, who were known as "The Rockers", the stars of the show.
It was predetermined and orchestrated that "The Rockers" were to win
the match by pinning Plaintiff after sending him to the mat as a
result of their signature move, the "Rocker Dropper". Plaintiff
slammed head-first into the mat and suffered a broken neck as a result
of the fall. After the fall, Defendant Jannetty rolled Plaintiff over
onto his back and tagged Defendant Hickenbottom, who leaped off the
ring ropes and slammed into Plaintiff's inert body.

Plaintiffs contended that Defendant Titan Sports was negligent in
failing to provide safety policies and procedures to the participants
in the match and contended that Defendant Morella, as a referee,
breached his duty to reasonably supervise the match and to prevent
Defendants Jannetty and Hickenbottom from negligently performing the
wrestling move. Plaintiffs also filed claims for battery and punitive
damages against Defendants Jannetty and Hickenbottom, contending that
Defendants were negligent in continuing to have physical contact with
Plaintiff after he had sustained his injury. Defendants contended
that, prior to the wrestling match, Plaintiff signed a document known
as a "General Release Form", which purportedly served to exculpate the
Defendants from all liability. Prior to trial, the court ruled that
ambiguities within the release prevent the document from acting as a
complete bar to recovery, and that, due to the confusing nature of the
language in the release, the document would be excluded from the
evidence at trial. Plaintiffs settled with Defendant Morella for $
10,000.

NATURE OF INJURY: Broken neck causing paralysis.

EDITOR'S NOTE: The jury found that no battery was committed.
Defendants' post-trial motions were denied. Defendants' motions for
remittitur are pending.

ERRATUM/CLARIFICATION-DATE: January 1996

ERRATUM/CLARIFICATION: In Austin vs. Titan Sports, 15 FJVR 9-46
(September 1994), appearing on page 33, Defendants satisfied the final
judgment of $24,777,311 subsequent to the dismissal of Defendants'
appeal. [See Titan Sports vs. Austin, 661 So.2d 11 (Fla. 2d DCA
1995)].

Gerald McClellan Medical Trust Fund
c/o First Bank North
PO Box 120
Freeport, IL 61032

[A.S.T....@ncl.ac.uk]

jki...@tiac.net (Jack) wrote:

> Austin, who had never done the move, said he was told it was a
>piece of cake.''

Well that may be, but I've yet to let my brother do it to me!

> Instead of doing a safe but convincing fall after Jannetty lifted
>him up and threw him down, Austin hit the mat face first and his neck
>snapped.

I've seen the stills from the fall, and he landed on the top/back of his
head, to make the bump look 'better'...if he'd just gone face-first, he
would have been fine...Stu Saks made a similar point in PWI, ie it was
'his business to know how to take the move correctly, knowing that it was
likely to be used' Even PWI can be right every once in a while, bless
their little cotton socks...

Am I right?

Andy

http://www.geocities.com/Hollywood/2856
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