EASTERLING et al v. NATIONAL FOOTBALL LEAGUE, INC.

Filing 49

Joseph E. Thomas/Nicole Thomas - AMENDED Short Form Complaint by JOSEPH E. THOMAS, NICOLE THOMAS. (THOMPSON, JULIE)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: NATIONAL FOOTBALL
LEAGUE PLAYERS’ CONCUSSION
INJURY LITIGATION

No. 12-md-2323 (AB)
MDL No. 2323

________________________
SHORT FORM COMPLAINT
THIS DOCUMENT RELATES TO:
IN RE: NATIONAL FOOTBALL
LEAGUE PLAYERS’ CONCUSSION
INJURY LITIGATION

Plaintiffs’ Master Administrative LongForm Complaint and (if applicable)
Easterling, et al.
__________________________________
v. National Football League [et al.],
11-cv-05209-AB
No. _______________________________

JURY TRIAL DEMANDED

SHORT FORM COMPLAINT
1.

Joseph E. Thomas
Plaintiff(s), _______________________________________, (and, if applicable,

Nicole Thomas
Plaintiff’s Spouse) ________________________, bring(s) this civil action as a related action in

the matter entitled IN RE: NATIONAL FOOTBALL LEAGUE PLAYERS’ CONCUSSION
INJURY LITIGATION, MDL No. 2323.
2.

Plaintiff (and, if applicable, Plaintiff’s Spouse) is/are filing this short form

complaint as required by this Court’s Case Management Order No. 2, filed April 26, 2012.
3.

Plaintiff (and, if applicable Plaintiff’s Spouse), incorporate(s) by reference the

allegations (as designated below) of the Master Administrative Long-Form Complaint, as may
be amended, as if fully set forth at length in this Short Form Complaint.

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4.

[Fill in if applicable] Plaintiff is filing this case in a representative capacity as the

_____________________ of __________________________, having been duly appointed as the
_________________ by the ______________ Court of ___________________. (Cross out
sentence below if not applicable.) Copies of the Letters of Administration/Letters Testamentary
for a wrongful death claim are annexed hereto if such Letters are required for the commencement
of such a claim by the Probate, Surrogate or other appropriate court of the jurisdiction of the
decedent.
5.

Joseph E. Thomas
Plaintiff, _________________, is a resident and citizen of

Seattle, WA
________________________________________ and claims damages as set forth below.

6.

Nicole Thomas
[Fill in if applicable] Plaintiff’s spouse, _______________, is a resident and

Seattle, WA
citizen of __________________, and claims damages as a result of loss of consortium

proximately caused by the harm suffered by her Plaintiff husband/decedent.
7.

On information and belief, the Plaintiff (or decedent) sustained repetitive,

traumatic sub-concussive and/or concussive head impacts during NFL games and/or practices.
On information and belief, Plaintiff suffers (or decedent suffered) from symptoms of brain injury
caused by the repetitive, traumatic sub-concussive and/or concussive head impacts the Plaintiff
(or decedent) sustained during NFL games and/or practices. On information and belief,
the Plaintiff's (or decedent's) symptoms arise from injuries that are latent and have developed
and continue to develop over time.
8.

[Fill in if applicable] The original complaint by Plaintiff(s) in this matter was filed

U.S.D.C.E.D. of Pennsylvania

in _______________________________. If the case is remanded, it should be remanded to
______________________________.
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9.

Plaintiff claims damages as a result of [check all that apply]:
$
__

__

Injury to the Person Represented

__

Wrongful Death

__

Survivorship Action

$
__

Economic Loss

$
__

Loss of Services

$
__

10.

Injury to Herself/Himself

Loss of Consortium

[Fill in if applicable] As a result of the injuries to her husband,

Nicole Thomas
Joseph E. Thomas
_______________________, Plaintiff’s Spouse, ________________________, suffers from a

loss of consortium, including the following injuries:
$
__ loss of marital services;

$
__ loss of companionship, affection or society;

$
__ loss of support; and

__ monetary losses in the form of unreimbursed costs she has had to expend for the
health care and personal care of her husband.
11.

[Check if applicable] ___ Plaintiff (and Plaintiff’s Spouse, if applicable)

reserve(s) the right to object to federal jurisdiction.

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DEFENDANTS
12.

Plaintiff (and Plaintiff’s Spouse, if applicable) bring(s) this case against the

following Defendants in this action [check all that apply]:
$
__

$
__

NFL Properties, LLC

__

Riddell, Inc.

__

All American Sports, Inc. (d/b/a Riddell Sports Group, Inc.)

__

Riddell Sports Group, Inc.

__

Easton-Bell Sports, Inc.

__

Easton-Bell Sports, LLC

__

EB Sports Corporation

__
13.

National Football League

RBG Holdings Corporation

[Check where applicable] As to each of the Riddell Defendants referenced above,

the claims asserted are: ___ design defect; ___ informational defect; ___ manufacturing defect.
14.

[Check if applicable] ___ The Plaintiff (or decedent) wore one or more helmets

designed and/or manufactured by the Riddell Defendants during one or more years Plaintiff (or
decedent) played in the NFL and/or AFL.
15.

$
Plaintiff played in [check if applicable] ____ the National Football League

(“NFL”) and/or in [check if applicable] ___ the American Football League (“AFL”) during
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2004-2010

Packers, Saints, Cowboys,
____________________________________ for the following teams:____________________

Dolphins and Raiders
______________________________________________________________________________

______________________________________________________________________________
______________________________________________________________________________
_______________________________________.
CAUSES OF ACTION
16.

Plaintiff herein adopts by reference the following Counts of the Master

Administrative Long-Form Complaint, along with the factual allegations incorporated by
reference in those Counts [check all that apply]:
$
__

Count I (Action for Declaratory Relief – Liability (Against the NFL))

$
__

Count II (Medical Monitoring (Against the NFL))

__

Count III (Wrongful Death and Survival Actions (Against the NFL))

$
__

Count IV (Fraudulent Concealment (Against the NFL))

$
__

Count V (Fraud (Against the NFL))

$
__

Count VI (Negligent Misrepresentation (Against the NFL))

__

Count VII (Negligence Pre-1968 (Against the NFL))

__

Count VIII (Negligence Post-1968 (Against the NFL))

__

Count IX (Negligence 1987-1993 (Against the NFL))

$
__

Count X (Negligence Post-1994 (Against the NFL))
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$
__

Count XI (Loss of Consortium (Against the NFL and Riddell Defendants))

$
__

Count XII (Negligent Hiring (Against the NFL))

$
__

Count XIII (Negligent Retention (Against the NFL))

__

Count XIV (Strict Liability for Design Defect (Against the Riddell
Defendants))

__

Count XV (Strict Liability for Manufacturing Defect (Against the Riddell
Defendants))

__

Count XVI (Failure to Warn (Against the Riddell Defendants))

__

Count XVII (Negligence (Against the Riddell Defendants))

$
__

Count XVIII (Civil Conspiracy/Fraudulent Concealment (Against All
Defendants))
NFL Defendants)

17.

Plaintiff asserts the following additional causes of action [write in or attach]:

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

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PRAYER FOR RELIEF
WHEREFORE, Plaintiff (and Plaintiff’s Spouse, if applicable) pray(s) for judgment as
follows:
A. An award of compensatory damages, the amount of which will be determined at trial;
B. For punitive and exemplary damages as applicable;
C. For all applicable statutory damages of the state whose laws will govern this action;
D. For medical monitoring, whether denominated as damages or in the form of equitable
relief;
E. For an award of attorneys’ fees and costs;
F. An award of prejudgment interest and costs of suit; and
G. An award of such other and further relief as the Court deems just and proper.
JURY DEMANDED
Pursuant to Federal Rule of Civil Procedure 38, Plaintiff(s) hereby demand(s) a trial by
jury.
RESPECTFULLY SUBMITTED:
/s/ Larry Coben
/s/ Sol Weiss
__________________________________

ANAPOL SCHWARTZ
Attorneys for Plaintiff(s)
1710 Spruce Street
Philadelphia, PA 191103
Attorneys for Plaintiff(s)

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