Friday, March 22, 2019

WWE'S ATTEMPTS TO BE DISMISSED AS DEFENDANT IN TITUS O'NEIL LAWSUIT SHOT DOWN

On 3/19, the United States District Court, Middle Division, of Florida shot down World Wrestling Entertainment’s motion arguing they should be dismissed as a defendant in the lawsuit brought by Cameraman Donald Anderson against the company and WWE performer Thaddeus "Titus O'Neil" Bullard.  Anderson has alleged he was injured by Bullard after the WWE star became upset while being filmed for a segment on WWE Network prank series Swerved.   The court did not provide details as to why they were denying the motion beyond noting the decision was made, "Upon consideration of all relevant filings, case law, and being otherwise fully advised."

WWE had argued they did not fall under jurisdiction of the court in Florida as they were a Connecticut-based company.  Anderson had specifically used quotes from Paul Levesque and WWE Executive John Saboor about the importance of the WWE Performance Center in Florida in an Amended version of his lawsuit, attempting to use those comments in order to prove that WWE would indeed fall under the court's jurisdiction as they do business regularly in the Sunshine State.
Anderson has been instructed by the court to file a supplemental response to WWE’s motion to dismiss by 5/10, at which point WWE will be allowed 14 days to respond and again argue for their dismissal as a defendant from the case. 

A mediation meeting in regard to the lawsuit was scheduled to take place on 3/13 in Tampa, Florida, but there is no word yet whether there was any movement towards the case being settled coming out of that scheduled mediation.
Anderson’s lawsuit against WWE and Bullard alleges Battery, Assault, Willful Misconduct, Negligence, Gross Negligence, Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress.  As been previously reported, Anderson has alleged "he was injured by Bullard after the WWE star became upset while being filmed” for a segment on WWE Network prank series Swerved.   Bullard has counter-sued Anderson.

Anderson (who had been hired through a third party, Uranus Productions) was backstage at a WWE TV taping filming a segment where Bullard was shocked by WWE performer Paige.  Bullard became, according to the lawsuit, "enraged", alleging charging and kicking the camera out of Anderson's hand, injuring him.   Bullard has denied those allegations in his response to Anderson's lawsuit.  Paige is not a party in the lawsuit.

Anderson alleged that WWE placed him in an unsafe working environment and that they had a duty to protect him from being placed in such a situation.   Anderson claims in the suit that Uranus Productions were told that WWE, "would select their own representatives to organize, manage and direct the electric shock prank activity.  Consequently, WWE undertook the job of selecting specific WWE personalities as targets, on which to use the electric shock device."  So, he is placing all the blame for the incident taking place on WWE's shoulders.  Anderson also claimed in the suit that he was instructed by WWE that he was "not safe on the premises", that Bullard "could not be controlled" and would presenting an "ongoing threat" to Anderson.  Anderson claims he was instructed to leave the WWE venue out of fear that O'Neil might go after him again and was "whisked" away.   

The lawsuit also alleged that Bullard "was known by WWE as possessing significant anger management issues" and that Bullard's alleged assault lead to injuries on Anderson's hand, wrist and fingers to the point he could not work for six months.   In the lawsuit, Anderson claiming that he has faced "bodily injury, pain and suffering, mental anguish, extreme emotional distress, disfigurement, medical expenses, physical handicap, loss of income, loss of the capacity for enjoyment of life and loss of ability to earn money.

In a response filed on 6/19/18, Bullard stated he "acted out of necessity to prevent being assaulted" again by the cattle prod during the prank and that he "did not create the danger to be avoided and stopped his action when the danger was gone."  Bullard also stated that Anderson "knowingly and voluntarily assumed the risk when he intentionally conspired, planned and participated" to "film/record the assault and battery" of Bullard with the cattle prod.  Bullard's response also stated that he "used reasonable force that was not greater than necessary to end the threat of being cattle prodded repeatedly."  Bullard is also arguing that any damages to Anderson were caused by his employer, Uranus Productions and that he should be covered by workman's compensation through them.  Bullard is also arguing that since Anderson conspired with Uranus to assault him with the cattle prod, he should be barred from bringing any claims against Bullard.
Bullard's counter-suit is in the amount of $15,000, the same amount that Anderson is suing him for.  Anderson's lawsuit seeks in excess of $15,000 in damages as well as whatever punitive damages the Sixth Judicial Court of Pasco County, Florida may rule Anderson deserves, should they rule in his favor.  The original lawsuit filed by Anderson in California had sought $1.2 million in damages and cited that Anderson allegedly faced medical bills in excess of $150,000.  The newer lawsuit filed in Florida has not made any mention of that allegation since the case was transferred to the Sunshine State.
Bullard's counter-suit against Anderson alleges conspiracy to commit battery, conspiracy to commit assault, negligence, gross negligence, intentional infliction of emotional distress.   Bullard contends that Anderson was hired by Uranus Productions, who were hired to develop the Swerved TV series for WWE and "were responsible for generating storylines for each episode and for handling all aspects of physical production." 

Bullard's lawsuit states that WWE "contractually retained all authority over all significant creative aspects" of the series and had to approve each prank, but that Bullard was assaulted with the cattle prod "unbeknownst to WWE" in the scene Anderson filmed that is now at the center of the lawsuit.   In his counter-suit, Bullard included material showing that the prank was not included on a list of sketches and pranks approved for the episode by Brian Terwillinger, at the time the WWE Vice President of Development.  Bullard also alleges that Uranus Productions, including Anderson, "intentionally directed" Saraya Jade-Bevis (WWE performer Paige) to assault him with the cattle prod without any concern for his well-being.  Bullard also states that at no time did he "consent or otherwise approve of the wrongful, malicious acts" against him.

In the counter-suit, Bullard alleges that Anderson filmed Bullard being "harmed in an offensive and reckless" way, he suffered harmful, offensive, reckless and intentional contact that he did not consent to and was injured and suffered damages, including and not limited to bodily injury, pain and suffering and mental anguish."  Bullard alleged that Anderson should have known that the stunt would have caused severe and serious injury to Bullard but was negligent and disregarded Bullard's safety.

Bullard has previously reserved his right to sue Uranus Productions at a later time.

WWE discontinued the Swerved reality series after its second season.  The first season, where the alleged incident took place, saw WWE performers pranking each other.  The second season brought a slight change in the concept of the show, as WWE performers were now pranking other parties, including fans.

Bullard signed to a developmental deal with WWE in 2009 and was called up to the main roster in 2012.  He has been heavily involved in countless community outreach and charitable programs as part of his association with WWE as well as on his own in his local community.

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