McPherson v. Tennessee Football, Inc.

Filing 12

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE AT NASHVLLE

ADRIA McPHERSON,

Plaintiff,
vs.
TENNESSEE FOOTBALL, INC., d/b/a TENNSSEE TITANS,

Defendant.

) ) ) ) ) ) ) ) ) )

Case No. 3:07-cv~0002

Judge Haynes

Magistrate Judge Griffin
JURY DEMAND

AFFIDAVIT OF STEVE UNDERWOOD
State of Tennessee

)

County of Davidson

) )

I, Steve Underwood, being duly sworn, depose and state as follows:
1.

I am the Senior Executive Vice President, Chief Operating Offcer and

General Counsel of Tennessee Football, Inc. ("TFI").

TFI owns the National

Football League ('NFL") franchise known as the Tennessee Titans. I have been
involved in the legal representation of

the Tennessee Titans and its predecessor, the
My business addre.ss is 460 Great Circle Road,

Houston Oilers, since 1978.
Nashvile, Tennessee, 37228.

I am over eighteen years of age and make tlls

Afdavit based upon my personal knowledge.

2.

Through my legal representation of the Tennessee Titans and the

Houston Oilers, I am familiar with the provisions of the National Football League

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Dockets.Justia.com

Collective Bargaining Agreement 2002-2008 ("CBA") entered into by and between

the National Football League Management Council ("NFLMC") and the National

Football League Players Association ("NFLPA"). Attached hereto as Exllbit 1 is a

true and correct copy of the CBA. I am also familiar with the provisions of the
Constitution and Bylaws of the National Football League ("NFL Constitution and
Bylaws"). Attached hereto as Exhibit 2 is a true and correct copy of Article 17 of

the

NFL Constitution and Bylaws.
3.
Al of the teams in the NFL, including the Tennessee Titans and the

New Orleans Saints, are members of the collective bargaining unit for maDagement
represented by the NFLMC.
4.

SubsequeDt to the collision that occurred on August 12, 2006 - when

AdriaD McPherson, a player for the New Orleans Saints, ran into a motorized cart

driven by the Tennessee Titans' mascot, T-Rac - I made, on behalf of the Titans,
several requests to Ryan Tollner, Mr. McPherson's agent, to have Mr. McPherson

examined by a physician of the Titans' choosing and at the Titans' expense. Copies
of my writteD requests to Mr. Tollner are attached hereto as collective Exhibit 3.

Despite my several requests, Mr. McPherson did not accept the Titans' invitation
for examination.
5.
accounts of

Attached hereto as Exhibit 4 are true and correct copies of newspaper
Mr. McPherson's accident in the Saints - Titans football game.

6.

According to NFL records, true and correct copies of which are

attached as Exhibit 5, (i) on October 30, 2006, Mr. McPherson had a tryout with the

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Case 3:07-cv-00002

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New York Giants and (ii) on December 19, 2006, Mr. McPherson had a tryout with
the Kansas City Chiefs.
7.

According to Arena Football League records, a true and correct copy of

which is attached as Exhibit 6, Mr. McPherson is currently employed by the Austin
Wranglers of

the Arena Football League.

8.

At no time has Mr. McPherson filed a grievance, either injury on non-

injury, against the Tennessee Titans or any other NFL team arising out of the 2006
NFL season.
9.

To the best of my knowledge, based upon the information available to

me as provided by the NFL and my own independent research, since the current
CBA became effective in May of 1993, every claim asserted by an NFL player
against an individual NFL team arising out of an on-field injury occurring during

the course of a game - more than four hundred claims in total - has been fied
pursuant to the CBA's mandatory arbitration provisions or has ultimately been

remaDded to arbitration.
FURTHER, AFFIANT SAYETH NOT.

Steve Underwood Sworn to aDd subscribed before me
tlls.~ay of January, 2007.

,~

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Notary Public

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'\Av Commission Expires JULY 19, 2008

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My commission expires:
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