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David Studdard v. NFL

David Studdard v. NFL

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Published by Paul Anderson

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Published by: Paul Anderson on May 30, 2012
Copyright:Attribution Non-commercial

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11/24/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADO
Civil Action No.: 1:12-cv-01396DAVID D. STUDDARDPlaintiff,v. NATIONAL FOOTBALL LEAGUE,Defendant.
 COMPLAINT AND JURY DEMAND
 
COMES NOW
the Plaintiff, David D. Studdard, by and through his undersignedcounsel, and submits herewith his Complaint as follows:
PARTIES
1.Plaintiff, David D. Studdard, is an individual and resident of the State of Colorado. Plaintiff David D. Studdard played in the NFL for the Denver Broncos, member clubof the League from 1979 through1988.2.Defendant National Football League (“NFL”) is a non-profit, non-incorporatedentity organized and existing under the laws of the State of New York, with its principal place of  business at 280 Park Avenue, 15
th
Floor, New York, NY 10017. The National Football Leagueis not, and has not, been the employer of Plaintiff, who was employed by independent clubs,during his respective careers in professional football.
Case 1:12-cv-01396-RBJ Document 1 Filed 05/30/12 USDC Colorado Page 1 of 32
 
2
JURISDICTION AND VENUE
3.This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332 becausethere is complete diversity of citizenship between the parties, and because the amount incontroversy exceeds $75,000 exclusive of costs and interest.4.The Court has personal jurisdiction over the Defendant by virtue of the Defendanttransacting business in or directed at Colorado and the commission of a tortious act withinColorado, pursuant to C.R.S. §13-1-124(1), and by purposefully availing themselves of the benefits and privileges of Colorado law by regular, continuous and systematic contacts withColorado.5.Venue is proper in this District pursuant to 28 U.S.C. § 1391 because a substantial part of the events and omissions giving rise to the claims occurred in this jurisdiction, becausethe Defendant's conduct substantial business in this jurisdiction, and because Plaintiff sustaineddamages in this jurisdiction.
EQUITABLE TOLLING
6.The applicable statute of limitations is tolled because Defendant's fraudulentconcealment of the dangers and adverse effects of head injuries made it impossible for Plaintiff to learn of the hazard to his health.7.Plaintiff did not become reasonably aware of the dangerous nature of, and theunreasonable adverse side effects associated with, nor establish any provable compensabledamages caused by, his head injuries prior to the date of this Complaint. The accrual of acomplete cause of action relating to the cognizable physical manifestation of the injury did notexist until that time.
Case 1:12-cv-01396-RBJ Document 1 Filed 05/30/12 USDC Colorado Page 2 of 32
 
38.Defendant was under a continuing duty to disclose the true character, quality, andnature of the after effects of head injuries. Because of Defendant's concealment of the truecharacter, quality, and nature of these injuries, Defendant is stopped from relying on any statuteof limitations defense.9.Defendant, in the course of its business, omitted material key facts about theeffects of head injuries, which prevented Plaintiff from discovering a link between his prematurereturn to action and their head injuries.
NATURE OF THE ACTION
10.This action seeks to recover damages for injuries sustained by the Plaintiff as thedirect and proximate result of Defendant's carelessness, negligence, intentional misconduct andconcealment of information directly related to the Plaintiff's injuries.11. Plaintiff, David D. Studdard, played in the NFL for the Denver Broncos, member club of the League from 1979 through1988.12. During Plaintiff's career with the Denver Broncos, Plaintiff suffered multiplesconcussions.13.Due to the concussion suffered during Plaintiff's career with the Denver Broncos,Plaintiff sustained a brain injury, short-term memory loss, and other associated symptoms.14.The NFL, or the “League,” is America’s most successful and popular sportsleague. With 32 member teams, the League is a multi-billion dollar business. With so muchmoney at stake, the NFL is and always has been eager to avoid negative publicity and protect the product on the field. As a result, the NFL regulates just about everything as it pertains to its’member teams. The NFL regulates league policies, player appearance, marketing, and safety,
Case 1:12-cv-01396-RBJ Document 1 Filed 05/30/12 USDC Colorado Page 3 of 32

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Arrah Anne Owen added this note
why sue the NFL when you play football you know that there is always a chace you will get hit in the head and why don't the players stop leading with their helmets and just hit the opposing players with out hitting with the helmet

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