UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT WORLD WRESTLING FEDERATION ) ENTERTAINMENT, INC., a Delaware ) os corporation, ) (5 ) Case Number: ie 5 ao Plaintiff, ) ni G45) ee > ggQCVi9t: ws } ) ) THE ESTATE OF OWEN HART AND ) MARTHA HART, Individually, as Widow of) ‘Owen Hart, as Representative and ) Administratrix of the Estate of Owen Hart. ) and as Guardian and Representative On ) Behalf of Oje Edward Hart and ) Athena Christie Hart, minors, ) ) Defendants. ) COMPLAINT. World Wrestling Federation Entertainment, Inc. (hereinafter “WWF"), by and through its undersigned counsel, files this Complaint seeking a declaration of its rights pursuant to 28 U.S.C. § 2201 et sea, and recovery for breach of contract against THE ESTATE OF OWEN HART, and MARTHA HART, individually, as widow of Owen Hart, as Representative and Administratrix of the Estate of Owen Hart, and as Guardian and Representative on behalf of Oje Edward Hart and Athena Christie Hart, minors, alleging as follows: Parti 1. Plaintiff WWF is a Delaware corporation having its principal place of business in Stamford, Connecticut, Plaintiff recently changed its corporate name from Titan Sports, Ine. to World Wrestling Federation Entertainment, Inc. The WWF is engaged in the sports entertainment business of promoting live and televised professional wrestling in a variety PL39890401of ways pursuant to its registered servicemark “World Wrestling Federation.” As an integral part of its business, the WWF produces television programs which ait on cable and syndicated networks, live arena events which are promoted in cities throughout the United States, Canada and elsewhere and special pay-per-view programs. 2. Owen Hart was a professional wrestler who performed for years for the WWF pursuant to written independent contractor agreements. On May 23, 1999, Owen Hart died during a WWF show in the Kemper Arena in Kansé s City, Missouri as a result of a tragic accident, 3. Defendant Martha Hart is an individual residing at 2028 Sirocco Drive, S.W., Calgary, Alberta, Canada, T3H 2N9. Mrs. Hart is the widow of Owen Hart, deceased, and is the court-appointed and duly authorized next friend for her and the deceased’s minor children, Oje Edward Hart and Athena Christie Hart, Mrs. Hart is also the representative and administratrix of the Estate of Owen Hart Ju mand Venue 4. This Court has jurisdiction over the subject matter of this action under 28 U.S.C. § 1332 in that there is diversity between the WWF and Defendants and the amount in controversy exceeds $75,000. Jurisdiction is alternatively properly vested in this Court under the express terms of that certain Booking Contract entered into July 1, 1996 between the WWF and Owen. Hart (the “1996 Hart Contract”), which requires that any and all claims, disputes or other matters in question arising out of or relating to the 1996 Hart Contract, the enforcement of any provision therein, or the breach of any provision thereof shall be adjudicated in Connecticut (1996 Hart Contract at 13.8). The express terms of the 1996 Hart Contract are specifically at issue in this, action,6. This Court has personal jurisdiction over the parties under the terms of the 1996 Hart Contract and because the deceased, Mr. Hart, was subject to the jurisdiction of the Connecticut courts, 7. Venue is proper under 28 U.S.C. § 1391. Plaintiff's headquarters and principal place of business are located in this District. The 1996 Hart Contract between the WWE and Mr. Hart, which is the subject of this litigation, was made and executed in this ict and specifically mandates that claims or disputes arising out of or related thereto, or any action brought thereunder shail be brought in courts in the State of Connecticut. Accordingly, a substantial part of the events giving rise to this action have occurred in this District. Facts The 1996 Hart Contract 8. Mr. Hart was associated with WWF as a performer of wrestling entertainment services for several years until his tragic, accidental death on May 23, 1999. 9. Mr. Hart performed professional wrestling entertainment services on behalf of the WWF under a variety of stage names and as a variety of wrestling characters. Most recently, Mr. Hart played the WWF wrestling character known as “the Blue Blazer.” 10, Inor around July 1996, Mr. Hart entered into the 1996 Hart Contract to ‘appear as a professional wrestler exclusively for WWF. The 1996 Hart Contract, along with the First Amendment thereto dated November 18, 1997, and the Second Amendment thereto dated January 11, 1999, was the exclusive operative agreement between WWF and Mr. Hart and was in full force and effect on May 23, 1999, at the time of Mr. Hart’s accidental death. 11, Pursuant to the 1996 Hart Contract, Mr. Hart expressly agreed to certain specific, legally binding contractual obligations with respect to his rights and obligations relativeto the WWP arising out of, relating to and in connection with, his performance of professional wrestling entertainment ser 's on behalf of WWF. 12. Specifically, Mr. Hart expressly acknowledged the risks of harm and of physical injury involved in the performance of professional wrestling entertainment services, and he voluntarily and expressly assumed such risks under the 1996 Hart Contract, Mr, Hart and WWF agreed, and the 1996 Contract provides: [Owen Hart] acknowledges that the participation and activities required by [Owen Hart] in connection with his/her performance in a professional wrestling exhibition may be dangerous and may involve the risk of serious bodily injury. [Owen Hart] knowingly and freely assumes full responsibility for all such inherent risks as well as those due to the negligence of [WWF], other wrestlers, or otherwise. (1996 Hart Contract at § 9.12 (b)). 13. Having acknowledged the risks attendant to his profession, Mr. Hart thereafier expressly released WWF from all liability, and covenanted not to sue WWF for any and all loss or damage, on account of injury to Mr. Hart, including Mr. Hart’s death. In that regard, Mr. Hart and WWF agreed, and the 1996 Hart Contract provides: [Owen Hart] hereby releases, waives and discharges [WWF] from all liability to (Owen Hart] and covenants not to sue [WWE] for any and all loss or damage on account of injury to the person or property or resulting in serious or permanent injury to [Owen Hart] or in {Owen Hart's death], whether caused by the negligence of [WWF], other wrestlers or otherwise, (1996 Hart Contract at 4 9.12(c))(emphasis added). 14. Mr. Hart’s agreement to assume the risk of harm, and to release the WWE for personal injury claims, is further evidenced by provisions of the 1996 Contract which made it his obligation to carry health, life and death insurance. In Paragraph 9.13 of the 1996 Contract, it was therefore specifically provided that Mr. Hart had the election toobtain heaith, life and/or disability insurance to provide benefits in the event of physical injury arising out of his/her professional activities; and [Mr, Hart] acknowledges that [WWF] shall not have any responsibility for such insurance or payment in the event of physical injury arising out of his/her professional activities. (1996 Hart Contract at Paragraph 9.13). 15. Moreover, with respect to the availability of punitive or exemplary damages, Owen Hart expressly agreed, and the 1996 Hart Contract provides In no circumstances, whatsoever, shall either party to this Agreement be liable to the other party for any punitive or exemplary damages; and all such damages, whether arising out of the breach of this Agreement, or otherwise, are expressly waived. (1996 Hart Contract at § 12.4), 16. _ With respect to the law governing interpretation of the contract, Mr. Hart agreed that the 1996 Hart Contract was “made in Connecticut and shall be governed by and interpreted in accordance with the laws of the State of Connecticut, exclusive of its provisions relating to conflicts of law.” (1996 Hart Contract at § 13.7). 17. Finally, Mr, Hart expressly agreed and the 1996 Hart Contract expressly provides that [iJn the event that there is any claim, dispute, or other matter in question arising out of or relating to this Agreement, the enforcement of any provisions therein, or breach of any provision thereof, it shall be submitted to the Federal, state or local courts, as appropriate, only in the State of Connecticut. This provision to submit all claims, disputes or matters in question to the Federal or state courts in the State of Connecticut shall be specifically enforceable; and each party, hereby waiving personal service of process and venue, consents to jurisdiction in Connecticut for purposes of any other party seeking or securing any legal and/or equitable relief, (1996 Hart Contract at § 13.8)(emphasis added).