KANSAS CITY, Missouri - The family of professional wrestler Owen Hart, who
died last year in a stunt gone awry at Kemper Arena, has agreed to settle
its wrongful death lawsuit against the World Wrestling Federation, the city
of Kansas City and other defendants for an undisclosed sum.
The settlement, which needs court approval before it becomes final, was
disclosed in a motion filed by the parties late Friday afternoon with the
Missouri Court of Appeals.
The appeals court was scheduled to hear oral arguments today on the WWF's
allegation that the plaintiffs' lawyers had sought to influence witness
testimony by promising Hart's siblings a share of any damage award in the
case. The motion filed on Friday asked the court to continue or suspend the
arguments pending approval of the settlement.
The 34-year-old Hart, known to WWF fans as the Blue Blazer, plunged 78 feet
to his death on May 23, 1999, when the quick-release mechanism on his
harness opened prematurely as he was being lowered into the ring. The
wrestling event was televised live on pay-per-view cable television and was
seen around the country.
Three weeks after the accident, Hart's widow, two minor children and parents
sued the WWF, Kansas City and other defendants in Jackson County Circuit
Court. The 46-count complaint alleged that the stunt was dangerous and
poorly planned and that the harness system was defective.
The lawsuit sought unspecified damages.
In response to questions from The Kansas City Star, lawyers for the WWF and
the Hart family issued a joint statement Monday saying that the WWF and the
Harts "have come to an amicable agreement satisfactory to the parties, and
the WWF will now continue the case against the entities which manufactured
and sold the stunt equipment involved.
"We are awaiting the court's approval of the settlement, which is expected
next week. The terms and conditions of the settlement otherwise speak for
themselves."
A WWF attorney, Jerry McDevitt, said, "For the time being, we have agreed to
limit our public comment to stating that an agreement has been reached,
subject to court approval."
Although the lawyers declined to comment on the settlement's terms, a source
close to the settlement negotiations said the WWF has agreed to pay the Hart
family $18 million.
Under the settlement, the city -- and taxpayers -- are probably off the
hook. The WWF's insurance contracts contain provisions calling for the city
to be reimbursed if the city is found liable. Kansas City owns Kemper Arena.
Among other provisions, the settlement requires the Hart family to dismiss
their petition before the Missouri Court of Appeals. That petition asked the
court to order the WWF to return a disputed document to the Hart family and
to bar the WWF from asking witnesses about it.
The Hart family's lawyers, the husband-and-wife team of Gary and Anita Robb,
claimed the document was protected by attorney-client privilege and was
wrongfully obtained by the WWF. The WWF said the document was an illegal
attempt to tamper with witness testimony.
The Robbs asked Hart's 10 siblings to sign the document, but rescinded it
after the WWF learned of its existence.
The document called for the siblings to share in any verdict awarded to
Hart's parents if the siblings cooperated with the plaintiffs. It further
provided that those siblings who cooperated with the WWF would not share in
any damage award.
Under Missouri's wrongful death statute, the siblings can't be parties to
the case as long as Hart's spouse, children or parents survive him. Because
the siblings might have been witnesses in the case, the WWF contended the
document was an attempt to buy their favorable testimony.
The siblings were in a position to testify on the issue of how many more
years Hart intended to wrestle, which would have gone to the question of his
lost earnings.
The Robbs insisted the document was nothing more than an effort to preserve
family unity in the face of what they said were the WWF's attempts to
negotiate a quick and cheap settlement with Hart's parents.
The squabble over the document threatened to divert attention from the
underlying wrongful death lawsuit, which, besides the WWF and Kansas City,
named 11 other defendants, including WWF Chairman Vince McMahon, the
companies that manufactured or sold the harness system and the four riggers
who set up the fatal stunt.
The lawsuit was filed by Hart's widow, Martha Hart; the Harts' two children,
then ages 7 and 3; and Hart's parents, Stu and Helen Hart. All of the Hart
family members live in Calgary, Alberta.
The settlement, if approved, would not end the litigation surrounding Hart's
death. By saying that it will "continue the case" against the manufacturers
and sellers of the rigging device, the WWF has signaled its intention to sue
the companies.
source: Dan Margolies, Kansas City Star Staff Writer
