Leaving aside the morality and ethics of it all, I am uncertain about something. Obviously it would be kind of hard to say that Benoit's brain damage occured solely in WWE, or even mostly. But in buying ECW and WCW, do they also assume such possible liabilities? Is WWE now owner/liable for the vast majority of Benoit's wrestling career through their purchases of his defunct former employers?
Originally posted by spfLeaving aside the morality and ethics of it all, I am uncertain about something. Obviously it would be kind of hard to say that Benoit's brain damage occured solely in WWE, or even mostly. But in buying ECW and WCW, do they also assume such possible liabilities? Is WWE now owner/liable for the vast majority of Benoit's wrestling career through their purchases of his defunct former employers?
I wouldn't think so, for the fact that guys didn't get their insurance through WCW or ECW (or, for that matter, through WWE). Goes back to the whole "independent contractor" debate that has been going on for internet eons.
Well first you have the employee/independent contractor debate. Then you have to figure out the specific laws on negligence in whatever the relevant state is here. In some states, when there are multiple parties responsible for an injury, you can hold them all liable and not worry about figuring out who is responsible for how much. In other states, you have to make a more precise determination before you can sue.
Damn right they should sue WWE, those bastards tied Chris down to a chair and forcefed him steroids, painkillers, and growth hormones, then repeatedly bashed him in the head with a chair for years!
Wait, that's not what happened? You mean he actually chose to do those things on his own over the course of several decades, knowing that they were impacting his body adversely the whole time?
Yeah. So much for personal responsibility. It can't be Chris' fault that he did those things, because he's dead which means that nobody can sue him. Who's alive and has money? Vince!
Say what you want about the industry and what is required to survive in it, he could have always gotten a Joe job like the rest of us. If he decides not to do that, if he decides to perform in an industry that is knowingly harmful to his health and well being, then he DECIDED to do that, and he is responsible.
It's not like Vince came up to him one day and said "Chris, you know when you jump off the top turn buckle 15 feet across the ring and slam your head into somebody's ribcage? Yeah our doctors have determined that that's good for you. it like, raises endorphins and such. have at it."
Agreed with the above to an extent. To say this was a sole determining factor in Benoit murdering his wife and child isn't just a little ridiculous, but also irresponsible IMO. And I think it's going to be very hard to legally prove negligence when the long-term effects of even minor concussions, particularly the claims being made re: Benoit, are more of a recent discovery.
In terms of the answering machine, Meltzer and Irv Muchnick have confirmed that one of the saved messages on the answering machine was from Eddy Guerrero, which he left the night before he passed away. For whatever reason, the Atlanta newstation and subsequent outlets reporting on the story aren't mentioning it. Which considering the disclosure of letters Chris was regularly writing to Eddy and these same outlets noting how hard Benoit took Guerrero's death, is a bit surprising.
I think the family will have a tough time trying to prove that brain damage was a majority factor here anyways, since there seems to be evidence of Chris being a violent person and pretty crappy husband dating back years now, as well as there being little evidence of the brain-damage affecting Benoit in his everyday life.
BTW, before people respond, I am NOT saying that Benoit didn't have brain-damage, as it's basically a proven fact that he did. And I'm not saying it didn't play a factor, because it (along with other things) probably did. But in order to win a case against WWE, they are going to need some overwhelming evidence to support their theory, and I just don't think it's there.
IIRC, Cornette missed a couple shows last year due to his voice problems. (Basically, Corney's shredded his vocal cords with the yelling over the years, and his doctor advised him to refrain from talking for 2 weeks.