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Showing posts with label Big Daddy V. Show all posts
Showing posts with label Big Daddy V. Show all posts

November 11, 2016

Two Wrongful Death Cases Against WWE Dismissed


United States District Judge Vanessa Bryant dismissed two wrongful death cases against WWE yesterday, initially filed by Michelle James and Cassandra Frazier on behalf of Matt Osborne and Cassandra Frazier respectively.

Matt Osborne, known to millions of wrestling fans as Doink the Clown and "Maniac" Matt Osborne, passed away on June 28th 2013 from an accidental opiate overdose at 55-years old.

Nelson Frazier, who appeared as various wrestling personalities including Mabel, Viscera, and Big Daddy V, passed away at just 42-years old from a heart attack on February 18, 2014.

Both cases claimed the former WWE Superstars suffered brain damage while working for the entertainment conglomerate that subsequently lead to their untimely deaths. It's important to note that neither wrestler had their brain examined postmortem to scan for CTE symptoms. Frazier's body was immediately cremated following his passing, making any necessary testing impossible.

Judge Bryant ruled Michelle James, Matt Osborne's girlfriend, didn't provide enough evidence that Osborne suffered from CTE or that CTE would even lead to the overdose that killed him. She also ruled that James couldn't legally file a wrongful death action against anyone, as she's not an administrator nor executor of Osborne's estate. It was suggested James re-file the claim with a member of Osborne's family, but Judge Bryant warned that the case would be futile because attorney's haven't plead a plausible cause of action.

The wrongful death case filed by Cassandra Frazier was dismissed due to her failure to allege a plausible link between the early death of her husband and wrongful acts perpetrated by World Wrestling Entertainment. Bryant said Frazier failed to establish any link between her husband's heart failure and a potential case of CTE. As far as the claim Frazier could have survived a heart attack had he not suffered from CTE, Judge Bryant said it was "another bald and baseless allegation, which the court deems unworthy of the barest measure of credibility."

Judge Bryant noted that both claims stated the wrestlers' deaths could be a result of CTE, but as previously noted, no official testing had been done. She said with no official diagnoses, it's hard to allege that either man died of CTE-related injuries, much-less prove the case in a court of law.

WWE lobbied to take sanctions against opposing counsel Konstantine Kyros, for offering "false and misleading statements" that Judge Bryant herself deemed "highly unprofessional," however the motion was ultimately denied. Bryant didn't let Kyros off-the-hook completely however, writing: "The court admonishes Kyros and his co-counsel to adhere to the standards of professional conduct and to applicable rule and court orders lest they risk future sanctions or referral to the Disciplinary Committee of this court."

November 12, 2015

WWE Contract Details Revealed Due To Lawsuits: Downside Guarantees, Royalties, PPV, More


The several pending lawsuits against the WWE have provided some interesting information regarding contracts with the company from 1993-2007. Contract details for Ryan Sakoda, Viscera, Luther Reigns, and Russ McCullough were uncovered by Chris Harrington and posted today.

Several renditions of Viscera's contracts were revealed, dating all the way back to 1993, when he portrayed the "Mabel" character in the Men on a Mission tag team. In addition to this, other court documents show espite the fact that Viscera's widow is suing WWE, WWE says they advanced her $10,000 against future royalties to help prevent her from being evicted from her home.

Viscera was paid weekly with a downside guarantee of $100,000 in his 2007 deal, and WWE held rights if Viscera chose to write a book about his career in wrestling. The company also held the rights if Viscera chose to auction off items in relation to his WWE character, which they owned the intellectual property to.

There's also a large section about royalties for merchandise and DVDs. The contract reads "f WRESTLER is considered a "Featured Performer" in respect, of the sale of the first one hundred and fifty thousand units of a DVD and/or home video,shall pay five percent (5%) of the Net Receipts paid to (WWE) with respect to the Licensed Product Sale of the DVD and/or home videos to. If (Viscera) is the only Featured Performer or if there are multiple Featured Performers then to (Viscera)all other Featured Performers in such DVD and/or home videos on an equal/pro-rata basis. lf the aggregate DVD and home video sales (exceeds) 150,000 units, (WWE) shall instead pay ten percent (10%) of (WWE's) Net Receipts paid to(WWE) if.(Viscera) is the only Featured Performer or if there are multipleFeatured Performers then in the equal/pro-rata basis as set forth in the preceding sentence retroactive to the first 150,000 units."

More interestingly, it's at the WWE's discretion if a performer is considered "featured performer." In addition to this, 25 percent of the WWE's PPV revenue was reseved to give to the talent pool.

WWE released annual payouts to Viscera in the response to the lawsuit, which were as follows:

1994 - $127,659.15
1995 – $100,648.28
1999 – $159,081.44
2000 – $136,951.85
2005 – $124,252.74
2006 – $152,659.51
2007 – $178,359.64
2008 – $251,023.65

In addition to these, some other downside guarantees were revealed. Luther Reigns was guaranteed $75,000 during his first year, Ryan Sakoda $52,000, and Russ McCulluogh at $60,000. It appears the percentages as it pertains to royalties, DVD sales, PPV sales and other things were uniform across the board in these contracts.

Breaches of the contracts include failing drug tests and physical exams, and not maintaining satisfactory physical condition, at the WWE's discretion. Being habitually late, or not obtaining necessary athletic commission licenses are also included among breaches.

August 31, 2015

WWE Successfully Has Concussion Lawsuit Moved


According to PWInsider.com, WWE successfully petitioned to have the concussion lawsuit against them by Cassandra Nelson, the widow of late WWE star Nelson Frazier, Jr, aka Big Daddy V, moved.

The suit was moved from Tennessee to Connecticut on August 17th, and will be joined with the other pending lawsuits against WWE by former talents claiming the company ignored medical concerns where it pertained to concussions, CTE and other medical related issues.

June 4, 2015

WWE Responds To Lawsuit From Widow Of Big Daddy V, How Much Money Did He Make While With WWE?


WWE lawyers recently tried to move Cassandra Frazier's wrongful death lawsuit to Connecticut. Frazier is the widow of Nelson Frazier Jr., who worked as Viscera and Big Daddy V. Lawyers noted that Frazier died from a heart attack with contributing causes being morbid obesity and diabetes on his death certificate and he had alcohol and drugs in his system.

WWE also noted that Cassandra contacted them and said she was destitute so they sent her a check for $10,000 as an advance on future royalties. In the suit, it was revealed how much Frazier earned in the years that he was regularly employed with WWE:

1994 - $127,659.15
1995 - $100,648.78
1999 - $159,001.44
2000 - $136,951.85
2005 - $124,252.74
2006 - $152,659.55
2007 - $178,359.64
2008 - $251,223.65

March 17, 2015

WWE Lawyer Talks About the Wrongful Death Lawsuit from Nelson Frazier's Widow


The Boston Herald has an article about Cassandra Frazier, widow of former WWE Superstar Nelson Frazier Jr. (Big Daddy V, Viscera), filing a wrongful death lawsuit against WWE over her husband's death.

The lawsuit is being brought by Konstantine Kyros, an attorney who filed a class-action lawsuit against WWE on behalf of Vito LoGrasso and others for failing to protect talents against brain injuries earlier this year.

WWE's attorney Jerry McDevitt was interviewed for the article and it was noted that WWE will likely "seek sanctions" against Kyros for bringing frivolous lawsuits against them. They feel Kyros is just looking for a payday. McDevitt pointed out how WWE provides health and wellness services for all performers, even when they retire. He said:

“They just ignore these things and allege whatever they feel like alleging. You can’t do that as a lawyer. You have to be basing your allegations on a reasonable investigation of the facts. It’s not some creative writing exercise to see if you can get media attention.”

McDevitt said Frazier’s case is “tragic” but the nearly 500-pound performer’s death had nothing to do with his career as a pro wrestler:

“It’s an embarrassment to be a lawyer sometimes. It’s ridiculous that someone can ... try to blame someone because a gentleman with a weight problem died of a heart attack in the shower eight years after he last preformed. It's ridiculous to try and blame someone for that."

February 19, 2015

WWE Responds to Cassandra Frazier's Lawsuit


WWE issued the following response to PWInsider in regards to the wrongful death lawsuit filed by Cassandra Frazier, widow of former WWE star Nelson Frazier Jr., who appeared as Viscera, Mabel and Big Daddy V:

"WWE has not been served with a lawsuit by Cassandra Frazier. If served, we will vigorously contest this lawsuit brought by the same lawyers who have been soliciting people to sue WWE without merit."

February 18, 2014

Big Daddy V Passes Away


From WWE.com:

WWE is saddened by the news that Nelson Frazier Jr., aka Big Daddy V and Mabel, has passed away. A larger-than-life Superstar, Frazier was a former World Tag Team Champion, Hardcore Champion and the 1995 King of the Ring.

As the dark, formidable Viscera, he was also a member of Undertaker's faction, The Ministry of Darkness. Frazier's colorful personality made him a memorable competitor throughout the Attitude Era.

Our deepest condolences go out to Frazier's family, friends and fans.

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