Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 1 of 29 PageID: 1

James E. Cecchi
Lindsey H. Taylor
CARELLA, BYRNE, CECCHI,
OLSTEIN, BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, New Jersey 07068-1739
(973) 994-1700
Howard F. Silber, Esq.
THE LAW OFFICES OF HOWARD F. SILBER
2625 Townsgate Road, Suite 330
Westlake Village, CA 91361
(818) 706-8510
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
MICHAEL PELUSO, an individual,

Civil Action No.

Plaintiff,
v.

COMPLAINT and
DEMAND FOR JURY TRIAL

NEW JERSEY DEVILS, LLC,
MEADOWLANDERS INC., DR. MARVIN I.
RUDERMAN, DR. BARRY FISHER, DR.
LEN JAFFE, and LOU LAMORIELLO
Defendants.

Plaintiff Michael “Mike” Peluso, through his undersigned counsel, brings this Complaint
against the New Jersey Devils, LLC (“Team Defendant”), Dr. Barry Fisher, Dr. Marvin
Ruderman, Dr. Len Jaffe and Lou Lamoriello (together with the Team Defendant, “Defendants”)
as follows:
INTRODUCTION
1.

This action arises out of the Defendants breaches of their legal duties to Plaintiff

Mike Peluso which has caused him to suffer significant and permanent brain injuries including

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 2 of 29 PageID: 2

nine grand mal seizures, early onset demential, total and permanent disability in the workplace,
all signs of being afflicted with Chronic Traumatic Encephalopathy (CTE), as well as other
severe neurological and psychological impairment. These actions were an intentional wrong
inflicted by Defendants on the Plaintiff. These acts were done with substantial certainty that they
would cause the injuries sustained by Plaintiff herein.
2.

More specifically Defendants intentionally, deliberately, fraudulently, and with

callous disregard for Mr. Peluso’s health and safety, concealed from Plaintiff the true extent of
his brain injury from February 14, 1994, and continually thereafter. Not only for the balance of
plaintiff’s professional hockey career which ended in in 1998, but throughout the course of his
retirement up and until 2016. The Team Defendant and its medical staff allowed Plaintiff to play
hockey and fight exposing Plaintiff to further brain injury. All the while in receipt of medical
reports outlining the injury and this danger from the team’s contracted neurologist defendant Dr.
Marvin Ruderman that has put his mental health and life in danger. The report stated that
Plaintiff should not sustain any further trauma to his head or he will suffer additional seizures
and long-lasting brain damage. Mr. Peluso now suffers from dementia from injuries to his brain
resulting in permanent mental incapacity as a direct result of Defendants’ callous actions after
the receipt of the neurologist’s report in January 1994.
3.

Defendants did more than ignore these warnings provided by their board-certified

neurologist after Mr. Peluso had his first grand mal seizure in 1994 and after they were armed
with this knowledge, they did not inform Mr. Peluso nor they did not take any measures to
protect Mr. Peluso; and they hid this knowledge for years, including during the balance of
plaintiffs NHL hockey career and for years thereafter. These intentional actions by Defendants
were done with knowledge and with substantial certainty that further brain damage would occur

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 3 of 29 PageID: 3

to plaintiff by continuing his hockey career as an NHL enforcer (fighter). The deceit included
hiding these medical reports from the subsequent employers of plaintiff in the NHL. In fact,
although all medical reports are required to be transferred to the next team when a player is
traded, Defendants hid the report of Dr. Ruderman from the St. Louis Blues who then did not
have it to pass along to plaintiff’s subsequent employers in the league.
4.

Defendants conspired to and fraudulently concealed from Plaintiff Defendants’

knowledge of his injury and the substantial certainty of future injury by continuing his career as
an NHL enforcer.
5.

The actions of the Defendants have resulted in, among other things, early onset

dementia to the now 53-year-old Plaintiff and are in fact injuries beyond anything the legislature
intended to immunize under the New Jersey Workers Compensation Act and its exclusive
remedy provision.
6.

However, after many years the Defendants’ report of Dr. Ruderman became

known to plaintiff. Belatedly, Mr. Peluso has the same information that Defendants have had for
years, i.e. 1) that the extent of his brain injuries were preventable; 2) Defendants knew those
brain injuries were preventable; 3) Defendants knew with substantial certainly plaintiff’s brain
injuries would lead to long-term, permanent brain damage; and 4) rather than prevent his head
injuries and simply provide him with the information they continued to allow him to play and
suffer numerous further blows to the head. Team Defendant with the aid of the doctors chose
secrecy, putting their won-loss record and profits far ahead of Mr. Peluso’s health.
7.

Further, as a direct result of Defendants’ actions, Defendants caused, and continue

to cause serious physical and emotional distress to Mr. Peluso. Every single day he suffers with
the reality that the doctors could have prevented his chronic seizure disorder, dementia and

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permanent brain damage. These actions not only cause great emotional distress to Mr. Peluso’s
as of today, but every single day the distress increases.
8.

This is not simply a case where Defendants are alleged to know the link between

head injuries and permanent brain damage as was the NHL Concussion litigation. This is a case
where Defendants knew of Mr. Peluso’s head injuries and his brain damage and allowed it to
become much more severe and permanent.
PARTIES
9.

Mr. Peluso is a resident and citizen of the State of Minnesota. He was employed

as a professional hockey player in the NHL at various times and locations from 1990 until 1998.
10.

Mike Peluso was one of the toughest and fiercest enforcers in NHL history.

Plaintiff played in the NHL from 1989 to 1998. Mr. Peluso played from: September 7, 1989 to
June 18, 1992 for the Chicago Blackhawks and its affiliates; June 18, 1992 to June 26, 1993 for
the Ottawa Senators; June 26, 1993 to November 26, 1996 for the New Jersey Devils; November
26, 1996 to June 21, 1997 for the St. Louis Blues; June 21, 1997 to September 28, 1997 for the
New York Rangers; and September 28, 1997 to December 30, 1997 for the Calgary Flames.
11.

Mr. Peluso played in 458 NHL games as an enforcer. An enforcer is a position in

hockey where the primary job duty is to protect the skilled players, by initiating and engaging in
bare-knuckled fist fights with the fighters from the opposing team. Plaintiff was in a total of 240
fights in those 458 NHL games. Plaintiff was assessed 1,951 penalty minutes during his NHL
career and is one of only four NHL players to incur over four hundred penalty minutes in one
season. Plaintiff scored only 38 goals in his entire NHL career. He was put on the ice to fight.
12.

Plaintiff was part of the famed “Crash Line” with the New Jersey Devils of the

mid 1990s—known for their unwavering loyalty to following the directions of their coaches to

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 5 of 29 PageID: 5

protect skilled players at all costs, including through violence. They were coached to protect the
scorers without regard for their own safety.
13.

With the encouragement and under the direction of the Team Defendant, and

without any warnings about his already damaged brain (known by Defendants), Plaintiff
participated in hundreds of bareknuckle fights. Plaintiff received body checks, slashes from
hockey sticks, blows delivered by fists, elbows and other body parts, to his head and body during
the course of games and practices both before and after Defendants knew of his brain trauma.
14.

Mr. Peluso currently suffers from permanent damage to the right side of his brain

(he was a left-handed fighter) and absorbed the majority of punches to the right side of his
brain); has suffered nine grand mal seizures; has early onset dementia at the young age of 53, and
struggles daily with depression, anxiety, memory loss and the constant threat of more seizures.
Plaintiff also exhibits all signs of someone suffering from CTE.
15.

Mr. Peluso has spent more than $100,000.00 to date on medical bills, anti-seizure

medications, and for costs related to the seizures such as ambulance and hospitalization since his
retirement from the NHL in 1998. It is anticipated that over the course of his lifetime, the cost of
his future medical care be in the millions of dollars.
16.

Defendant New Jersey Devils are a limited liability corporation incorporated

under the laws of Delaware with its principal place of business at 25 Lafayette St., Newark, New
Jersey 07102. Upon information and belief, no member of the New Jersey Devils LLC is a
citizen of Minnesota.
17.

The MEADOWLANDERS INC. is a corporate name used to operate certain

business aspects of the New Jersey Devils.

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18.

Defendant Dr. Martin Ruderman is citizen of New Jersey residing in Roseland,

New Jersey.
19.

Defendant Dr. Barry Fisher is a citizen of New Jersey.

20.

Dr. Len Jaffee is an individual who resides in New Jersey. At all times herein he

was a team doctor for the New Jersey Devils.
21.

Lou Lamoriello is an individual and at all times herein relevant was the General

Manager of the New Jersey Devils, and was their “Governor” on the National Hockey League
Board of Governors. For all intent and purpose Lou Lamoriello ran the New Jersey Devils.
JURISDICTION AND VENUE
22.

Jurisdiction is based on 28 U.S.C. § 1332(a)(1) in that Plaintiffs and Defendants

are citizens of different States and the amount in controversy exceeds $75,000, exclusive of
interest and costs.
23.

Venue is proper in this District pursuant to 28 U.S.C. § 1391(a) and (b) because a

substantial part of the events or omissions that give rise to the claims occurred within this
District.
STATEMENT OF FACTS
24.

On December 18, 1993, while playing for the New Jersey Devils, Mr. Peluso

played a game against the Quebec Nordiques, in Quebec, Canada.
25.

During the game, Mr. Peluso was punched in the head and knocked unconscious

by opposing player Tony Twist, and his head slammed against the ice. Mr. Peluso had to be
carried off the ice into the locker room. While in the locker room, team staff observed that Mr.
Peluso was suffering from memory loss, i.e., he repeatedly showered and got dressed in the
locker room, forgetting he had already showered. While in the locker room, Mr. Peluso also

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 7 of 29 PageID: 7

experienced headaches, dizziness and nausea. As a result, Mr. Peluso was hospitalized for two
days in Quebec after the incident. Pictures of the fight are attached hereto and incorporated by
this reference as Exhibit A.
26.

Video of the incident below – December 18, 1993
YouTube Video: https://www.youtube.com/watch?v=N34jPRwd0AA

27.

The injury report following the Devils-Nordiques game reveals that Mr. Peluso

sustained a concussion and laceration from the fight and was hospitalized overnight. The Report
also appears to indicate that the same evening Mr. Peluso was cleared to play. A true and correct
copy of this injury report is attached hereto as Exhibit B.
28.

Despite plaintiff concussion, hospital stay, having been knocked unconscious in

Quebec and exhibiting signs of memory loss, Mr. Peluso was forced to come back to work for
the Devils immediately at the direction of Lou Lamoriello. Mr. Peluso’s head coach informed
him that the opposing team had six “linebackers” and Mr. Peluso was needed to protect the
skilled players that evening. Mr. Peluso complied and played in a game against the Toronto
Maple Leafs. During that game, Mr. Peluso was hit in the head in a fight by opposing player Ken
Baumgartner and sustained further head injury.
Player

Height Weight Punches Punches
Thrown Landed
6’1”
205 lbs 8
1

Ken
Baumgartner
Mike Peluso 6’4”
29.

225 lbs

6

2

Less than two months later, having now participated in games and practices as if

nothing had happened on December 18, 1993, Plaintiff while working out with his team the day
following a game in St. Petersburg, Florida, suffered a grand mal seizure on February 14, 1994.

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 8 of 29 PageID: 8

The New Jersey Devils’ team trainer provided Mr. Peluso with a bottle of Tegretol, an antiseizure medication.
30.

A mere four days later Lou Lamoriello, the general manager and president of

Defendant New Jersey Devils was already distorting the facts of what had occurred to Plaintiff
and the public. According to a New York Times article at the time:

31.

Immediately after the hospitalization in Quebec, Plaintiff was back on the ice. In

fact, he was a participant in five fights after the hospitalization and before the seizure incurring
ten punches to the head. He was even back on the ice and in a fight a mere six days after the
seizure and only two days after Plaintiff had been seen by the Team Defendant’s chosen
neurologist on February 18, 1994. At no time did the Team Defendant, Defendant Dr. Ruderman,
Dr. Fisher, Dr. Jaffee or Lou Lamoriello stop Plaintiff from playing or fighting. Plaintiff was
always cleared to play and fight by the Devils.
32.

Plaintiff’s fight record from December 18, 1994 to February 20, 1994 is as

follows:
#

Date

League

X
1

Dec 18
Dec 23

NHL
NHL

Game
1993
NJD-Que
Tor-NJD
1994

Opponent
Tony Twist
Ken Baumgartner

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 9 of 29 PageID: 9

2
3
4
5

6

Jan 4
NHL
NYI-NJD
Dean Chynoweth
Jan 19
NHL
NJD-Win
Dean Kennedy
Jan 26
NHL
NJD-Edm
Kelly Buchberger
Feb 2
NHL
Buf-NJD
Matthew Barnaby
February 14: Peluso suffers grand mal seizure
February 18: Peluso examined by Dr. Ruderman
Feb 20
NHL
NJD-Chi
Cam Russell
February 21: Ruderman Report

33.

From the New York Times, February 20th, 1994:

34.

On February 21, 1994, Dr. Ruderman issues a report finding that Plaintiff’s

seizure was as a result of the concussions suffered in the Twist fight in Quebec on December 18,
1993 and that he was substantially certain if Plaintiff continued to play he would suffer further
seizures. Mr. Peluso who was obviously suffering from post-concussion syndrome at the time,
and has no memory of being sent to Dr. Ruderman. The report was in fact sent by the neurologist
to the New Jersey Devils on February 21, 1994. Dr. Marvin I. Ruderman, expressly warned the
New Jersey Devils that if Plaintiff were subjected to additional head injuries, Plaintiff would
have long-term brain damage and additional seizures. A true and correct copy of the Ruderman
Report is attached hereto as Exhibit C.
35.

Dr. Ruderman forwarded his report to team officials and team doctors. Dr.

Ruderman sent his report to 1) the Devils’ General Manager, Lou Lamoriello; 2) the Devils’
team doctor, Dr. Barry Fisher; and 3) the Devils’ orthopedic surgeon, Dr. Leonard Jaffe.
However, Mr. Peluso was not provided a copy of the report. In fact, neither Mr. Peluso or his

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 10 of 29 PageID: 10

subsequent NHL employers were informed of the contents of the report at any time during his
career.
36.

The report found that Mr. Peluso was at risk of long term neurological problems

and a chronic seizure disorder if the New Jersey Devils allowed him to sustain any additional hits
to his head. Further, the report stated that Mr. Peluso’s February 14, 1994 grand mal seizure was
directly related to his December 18, 1993 concussion and not to “dehydration”, as concluded by
the New Jersey Devils’ GM Lou Lamoriello.
37.

In August 2015, Mr. Peluso stated to NJ.com:

“its’ how they threw me out onto the ice, I’d had a grand mal seizure and Dr.
Fisher handled the situation and said I was good to go” Peluso told NJ Advance
Media about a serious incident in 1993. “I heard (trainer) Teddy Schuch say ‘I
don’t think he’s ready,’ but Teddy was overruled by Dr. Fisher.
I should have seen a neurologist. When the doctor clears you, you think you’re
healthy. What is a team doctor for? I’m not a doctor. If you’re a goal-scorer and
you have a concussion, maybe for a couple of weeks you can stay out of traffic.
For me it was like being a gunslinger with no gun. That was my role.”
38.

On about February 20, 1994, and after having Plaintiff see Dr. Ruderman, the

New Jersey Devils sent Mr. Peluso back to work and kept him on the ice and continued to do so
after the receipt of the Ruderman report despite his documented certainty to additional head
injuries and brain trauma.
39.

The Team Defendant, and the doctors including Defendant Ruderman despite

knowing the likelihood of repeated head trauma to enforcers like Mr. Peluso, willfully and
callously disregarded Mr. Peluso’s safety by agreeing to conceal, and concealing, the severe risk
posed to Mr. Peluso’s health if he continued playing as well as the extent of his injury.
40.

The New Jersey Devils intentionally misrepresented Plaintiff condition and

informed Mr. Peluso he was fit to return to play, pushed him to return to his duties, and

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instructed him to continue his role as the team’s enforcer. All the while the team doctors and Dr.
Ruderman sat silent.
41.

Had Mr. Peluso been made aware of the severe injury and risk identified by Dr.

Ruderman, he would not have continued his career as a professional hockey player.
Unfortunately, no Defendant nor the doctors ever informed him that he was at excessive risk of
further seizures or permanent brain damage if he were to sustain more head injuries and that is
exactly what occurred due to the Defendants’ deceitful actions.
42.

Plaintiff, ignorant of the critical medical information the Defendants concealed

from him, continued his professional hockey career as an enforcer. He was subsequently
acquired or signed by the St. Louis Blues, New York Rangers and Calgary Flames through a
series of trades.
43.

The St. Louis Blues Blue’s, New York Rangers and Calgary Flames were not

provided with this crucial prior medical record. Each of them, continued to unknowingly subject
the Plaintiff to certain brain injury due to Defendants’ deceit.
44.

Defendants, the St. Louis Blue’s Blues, New York Rangers and Calgary Flames

also each informed Mr. Peluso that he was fit to perform, as a hockey player, his duties as an
enforcer in order to continue profiting off the marketed violence of NHL hockey.
45.

Despite Defendants having the information that Mr. Peluso could not sustain any

further head injuries, and hiding this vital information from Plaintiff, Mr. Peluso went on to play
in three hundred and seventeen games resulting in hundreds of additional head injuries, including
concussions. Plaintiff participated in 100 additional fights after February 21, 1994 to his last
game on November 23, 1998.

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 12 of 29 PageID: 12

46.

The Team Defendant permitted and encouraged Mr. Peluso to engage in 100

subsequent fights after February 21, 1994. The Team Defendant knew, of course, that continued
fighting would result in further trauma to Mr. Peluso’s head. The Team Defendant also knew Mr.
Peluso would be exposed to extreme risk of serious injury simply by continuing his career as a
professional hockey player.
47.

The Team Defendant intentionally agreed to, and did, conceal Mr. Peluso’s

condition as well as the risks of repetitive head trauma from him in order to continue making
billions of dollars by profiting from fighting and violence.
48.

The fights that Mr. Peluso participated in at the request of the Team Defendant or

his subsequent NHL employers after the December 18, 1993 concussion, and the February 14,
1994 seizure, and the Ruderman report are as follows:
Mike Peluso NHL Fights after December 18, 1993 concussion with the New Jersey Devils
#
X
1
2
3
4
5
6
7
8
9
11
12
13

Date

League

Game
Opponent
1993
Dec 18
NHL
NJD-Que
Tony Twist
Dec 23
NHL
Tor-NJD
Ken Baumgartner
1994
Jan 4
NHL
NYI-NJD
Dean Chynoweth
Jan 19
NHL
NJD-Win
Dean Kennedy
Jan 26
NHL
NJD-Edm
Kelly Buchberger
Feb 2
NHL
Buf-NJD
Matthew Barnaby
February 14th: Peluso suffers grand mal seizure
Feb 20
NHL
NJD-Chi
Cam Russell
February 21st: Ruderman Report
Feb 28
NHL
StL-NJD
Kelly Chase
Feb 28
NHL
StL-NJD
Kelly Chase
Mar 5
NHL
Cgy-NJD
Sandy McCarthy
Mar 17
NHL
NJD-Buf
Ken Sutton
Mar 19
NHL
NJD-Bos
Jamie Huscroft
Apr 12
NHL
NJD-Phi
Rob Zettler

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 13 of 29 PageID: 13

14
15
16
17
18
19
20

Apr 14
Apr 17
Apr 23
Apr 23
Apr 23
May 21
Sep 20

NHL
NHL
NHL
NHL
NHL
NHL
NHL

21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49

Jan 25
Jan 26
Jan 28
Feb 4
Feb 12
Feb 12
Feb 15
Feb 17
Feb 18
Feb 20
Feb 27
Mar 2
Mar 2
Mar 8
Mar 19
Mar 26
Mar 29
Apr 12
Apr 22
Apr 28
Jun 10
Sep 18
Sep 18
Sep 18
Sep 26
Oct 12
Oct 28
Nov 2
Nov 8

NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL

Ott-NJD
Buf-NJD
NJD-Buf
NJD-Buf
NJD-Buf
NYR-NJD
NJD-NYI
1995
NJD-Buf
NJD-Bos
NJD-Mtl
NJD-Que
NJD-Fla
NJD-Fla
Wsh-NJD
NYI-NJD
NJD-NYI
NJD-Wsh
Mtl-NJD
NJD-Bos
NJD-Bos
NJD-NYR
Bos-NJD
NJD-NYI
NJD-Ott
NJD-Wsh
Phi-NJD
Fla-NJD
Phi-NJD
NYR-NJD
NYR-NJD
NYR-NJD
NYI-NJD
Win-NJD
Pit-NJD
NJD-SJS
Cgy-NJD

Dennis Vial
Brad May
Rob Ray
Rob Ray
Rob Ray
Jeff Beukeboom
Rich Pilon
Doug Houda
David Shaw
Lyle Odelein
Adam Deadmarsh
Scott Mellanby
Paul Laus
Rob Pearson
Mick Vukota
Mick Vukota
Kevin Kaminski
Lyle Odelein
Brent Hughes
Daniel Lacroix
Darren Langdon
Jamie Huscroft
Mick Vukota
Scott Levins
Kevin Kaminski
Shawn Antoski
Paul Laus
Kevin Dineen
Nick Kypreos
Daniel Lacroix
Eric Cairns
Mick Vukota
Jason Doig
Chris Tamer
Jeff Odgers
Jamie Huscroft

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 14 of 29 PageID: 14

50
51
52
53
54
55
56
57

Nov 12
Nov 18
Dec 1
Dec 6
Dec 15
Dec 16
Dec 16
Dec 31

NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL

58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77

Jan 9
Jan 14
Jan 30
Feb 3
Feb 11
Feb 21
Apr 2
Sep 16
Sep 16
Sep 16
Sep 26
Sep 28
Oct 7
Oct 7
Oct 19
Oct 29
Oct 30
Nov 7
Nov 9
Nov 19

NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL

NJD-Phi
Buf-NJD
TBL-NJD
NJD-Mtl
NJD-Det
Buf-NJD
Buf-NJD
NJD-Chi
1996
StL-NJD
Dal-NJD
NJD-Van
NJD-Ott
MDA-NJD
Fla-NJD
NJD-NYR
NJD-NYR
NJD-NYR
NJD-NYR
NJD-Det
NYR-NJD
NJD-Phi
NJD-Phi
NJD-Har
NJD-Bos
NYR-NJD
NJD-Chi
NYI-NJD
NJD-Ott

Shawn Antoski
Rob Ray
Rudy Poeschek
Lyle Odelein
Keith Primeau
Matthew Barnaby
Brent Hughes
Jim Cummins
Tony Twist
Shane Churla
Gino Odjick
Dennis Vial
Dave Karpa
Radek Dvorak
Shane Churla
Darren Langdon
Eric Cairns
Sylvain Blouin
Darren McCarty
Jeff Beukeboom
Scott Daniels
Dan Kordic
Keith Primeau
Trent McCleary
Eric Cairns
Jim Cummins
Mick Vukota
Phil Crowe

Mike Peluso NHL Fights after the December 18, 1993 concussion with the St. Louis Blues
1
2
3
4
5
6

Nov 27
Dec 1
Dec 3
Dec 8
Dec 11
Dec 21

NHL
NHL
NHL
NHL
NHL
NHL

StL-MDA
SJS-StL
StL-Tor
StL-Edm
StL-Dal
StL-Phi

Warren Rychel
Andrei Nazarov
Tie Domi
Kelly Buchberger
Todd Harvey
Karl Dykhuis

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 15 of 29 PageID: 15

7

Dec 22

NHL

8
9
10
11
12
13
14
15
16
17

Jan 20
Jan 25
Feb 8
Feb 23
Feb 27
Mar 13
Apr 1
Apr 3
Apr 22
Apr 22

NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL

LAK-StL
1997
StL-NYI
StL-Mtl
StL-Bos
Cgy-StL
StL-Fla
StL-LAK
StL-Det
NYI-StL
Det-StL
Det-StL

Brad Smyth
Steve Webb
Chris Murray
Dean Chynoweth
Todd Simpson
Paul Laus
Sean O'Donnell
Darren McCarty
Ken Belanger
Jamie Pushor
Slava Kozlov

Mike Peluso NHL Fights after the December 18, 1993 concussion with the New York
Rangers
1
2
3

Sep 15
Sep 22
Sep 23

NHL
NHL
NHL

Tor-NYR
NYR-Cgy
NYR-SJS

Kelly Chase
Todd Simpson
Marty McSorley

Mike Peluso NHL Fights after the December 18th, 1993 concussion with the Calgary Flames
1
2
3
4
5
6
7
8
9

Oct 3
Oct 9
Oct 22
Oct 23
Nov 2
Nov 10
Nov 20
Nov 22
Nov 23

NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL
NHL

Col-Cgy
NYR-Cgy
Cgy-Buf
Cgy-Phi
Cgy-Phx
Cgy-Chi
Cgy-Fla
Cgy-TBL
Cgy-Car

Wade Belak
Ryan VandenBussche
Rob Ray
Luke Richardson
Jim McKenzie
Bob Probert
Paul Laus
Louie DeBrusk
Stu Grimson

Total NHL fights involving Plaintiff subsequent to the December 18, 1993 concussion:
1) New Jersey Devils:

77

2) St. Louis Blues:

17

3) New York Rangers:

3

4) Calgary Flames:

9

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 16 of 29 PageID: 16

Total:

106

Total NHL fights involving Plaintiff subsequent to February 21, 1994 Ruderman report:
Total:
49.

95

Videotape evidence of head injuries sustained by Mr. Peluso in hockey fights

after the neurological report is given to the Team Defendant include:
•

December 23, 1993, Newark, New Jersey (after Defendants are told Mr. Peluso
can no longer sustain head hits)
o https://youtu.be/ZaCxi5pQJvg

•

January 19, 1994, Winnipeg, Canada (after Defendants are told Mr. Peluso can
no longer sustain head hits)
o https://youtu.be/5EgGWrsHdPw

•

January 26, 1994, Edmonton, Canada (after Defendants are told Mr. Peluso can
no longer sustain head hits)
o https://youtu.be/5EgGWrsHdPw

•

February 2, 1994, Edmonton, Canada (after Defendants are told Mr. Peluso can
no longer sustain head hits)
o https://youtu.be/MML72I‐RGA8

•

November 2, 1995, San Jose, California (after Defendants are told Mr. Peluso
can no longer sustain head hits)
o https://m.youtube.com/watch?v=L9TUylAGAYM

•

March 13, 1997, Los Angeles, California (after Defendants are told Mr. Peluso
can no longer sustain head hits)
o https://www.youtube.com/watch?v=x7vxcdSlTO

50.

As a result of Defendants’ actions, Plaintiff suffers from major neurocognitive

disorder, has permanent neuropsychological dysfunction and continues to have seizures.
51.

As a result of Defendants’ actions, Mr. Peluso has undergone certain medical tests

and evaluations. Dr. Kerri J. Lamberty reviewed over 1,500 pages of medical records and spent 6

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 17 of 29 PageID: 17

hours in face–to–face evaluation of Mr. Peluso.1 The results showed that Mr. Peluso’s
neurological

condition

is

rapidly

deteriorating.

Dr.

Lamberty

made

findings

and

recommendations as a result of Mr. Peluso’s brain injuries that include “recommend[ing] referral
to a traumatic brain injury program,” “strongly recommend[ing] that Mr. Peluso be referred for
psychiatric and psychological evaluation and treatment,” and indicating that Mr. Peluso had
significant problems obtaining employment as a result of his condition.
52.

Dr. Lamberty found that Mr. Peluso:

[S]ustained a number of concussions and sub-concussive blows throughout his
hockey career…..
.
[T]here is indication of significant acquired neuropsychological dysfunction….
These deficits are considered to be permanent and will likely increase in the
future
53.

54.

Dr. Lamberty diagnosed Mr. Peluso with:2
•

Major Neurocognitive disorder secondary to traumatic brain injury;

•

Major Depression, Recurrent, moderate to severe; and

•

Anxiety, NOS.

Dr. Steven D. Stein, M.D. Plaitiff’s personal Neurologist of six years reviewed

Dr. Lamberty’s report and then analyzed her findings based on his six years of evaluations of Mr.
Peluso and issued a report stating that Mr. Peluso had signs of early onset dementia, a significant
mood disorder that was preventing him from working, and anxiety NOS:
I am a neurologist who has been involved in the care of Mr. Mike Peluso since
January 2011. Mr. Peluso has a seizure disorder as well as a chronic cognitive and
mood disorder. In my opinion, both of these conditions are, more likely than not,
related to his career as a professional hockey player. It is my understanding he has
experienced numerous, significant head injuries in the course of his professional
1

Dr. Lamberty’s psychometrist also conducted a 3.5-hour face–to–face evaluation of the
Mr. Peluso.
2

Id.

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 18 of 29 PageID: 18

hockey career. He recently underwent neuropsychological testing by Dr. Kerri
Lamberty. The result of this testing revealed major neurocognitive disorder as
well as evidence of major depression and anxiety. The cognitive disorder is of a
degree that it will impact day-today activities. In my opinion, these deficits would
be consistent with a developing pattern of dementia. It is also well established in
the neurology community that repeated head trauma may also be responsible for
significant mood disorders, of the type that Mike is experiencing.3
55.

After a failure to produce all documents in an ongoing workers compensation case

filed by Plaintiff in 2013, on or about May of 2016, Mr. Peluso’s counsel in his worker’s
compensation case was provided with the Ruderman neurological report for the first time. The
evidence revealed that Dr. Ruderman sent the Team Defendant a clear warning that Mr. Peluso
was at risk of long term neurological problems and a chronic seizure disorder if Defendants
allowed Mr. Peluso to sustain any additional hits to his head. Yet Defendants, with the
permission of the team doctors, and Defendant Ruderman allowed the Plaintiff to continue to
play.4
56.

The Team Defendant is a members of the National Hockey League (“NHL”). The

NHL along with the Team Defendant decide league wide policy and rules for all players,
including Mr. Peluso.
57.

The Team Defendant and the NHL have long promoted and profited billions of

dollars from their product by emphasizing the violence allowed by the league, including fist
fights, explosive body checks, and brawls between large groups of players on opposing teams.
58.

Despite having evidence and knowledge that fighting would result in severe

neurological injuries, the Team Defendant allowed, encouraged, and required Mr. Peluso to fight
as a condition of his employment.

3

Id.

4

See Dr. Ruderman’s February 21, 1994 Report.

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 19 of 29 PageID: 19

59.

Mr. Peluso received blows to his head every game and most practices. The

repetitive head trauma caused irreparable harm to his brain which has resulted in numerous
neurological illnesses.

50.

The Team Defendants have long known that professional hockey players are

exposed to repeated head trauma and resulting brain damage but nevertheless did not inform Mr.
Peluso, did not protect him, encouraged him to continue working, and concealed critical
information from him.

51.

The conduct of Defendants resulted in injury to Mr. Peluso and was done

intentionally with malice, fraud, oppression, intent, and with a conscious and willful disregard of
Peluso’s rights and safety. Defendants, individually, through their officers and directors and/or
managing agents, authorized, directed, and conducted or ratified each act resulting in Mr.
Peluso’s harm. These acts were done with substantial certainty that they would cause the injuries
sustained by Plaintiff herein.
TOLLING OF THE STATUTES OF LIMITATIONS

52.

Mr. Peluso could not have discovered through the exercise of reasonable

diligence, did not know, and could not have known that Defendants had committed wrongdoing,
including but not limited to: (i) subjecting and continuing to subject him to further injury and the
imminent risk of head trauma and despite their knowledge that such trauma would have
devastating and long-term negative health consequences; (ii) failing to warn him of the risks and
consequences of head trauma; (iii) concealing material medical information from him which, if
disclosed, would have prevented his severe neurological injuries; and (iv) failing to produce the
critical information in order to and prevent proper medical care.

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 20 of 29 PageID: 20

53.

Defendants affirmatively concealed their wrongdoing from Mr. Peluso and

withheld critical information and documents. Mr. Peluso did not have this knowledge and could
not have had this knowledge through reasonable diligence.

54.

Accordingly, all applicable statutes of limitations have been suspended with

respect to any claims by Mr. Peluso. Moreover, Defendants are estopped from relying on any
statutes of limitations defenses to this action.

55.

Bases on the intentional acts of the Defendants herein and each of them

coupled with the substantial certainty that the Plaintiff would suffer further brain damage by
continuing to play professional hockey after his seizure of February 14, 1994, the Plaintiff is not
precluded from common law causes of action for the Defendants’ intentional wrongs on the basis
that he has previously filed and chosen to seek the limited relief afforded him under (California)
workers compensation as it would be unruly harsh and technical application of the election of
remedies doctrine. (Millison v El Du Pont De Nemours & Co.)
FIRST COUNT
Fraud
(Against Team Defendant and Defendants Fisher and Ruderman)

56.

Mr. Peluso repeats the allegations in Paragraphs 1–55 as if fully set forth

57.

The Team Defendant made fraudulent representations to Mr. Peluso in order to

herein.

continue profiting from his services.

58.

The Team Defendant falsely informed Peluso that he was fit to continue his

professional hockey career safely after his December 18, 1993 fight with Tony Twist; after his
seizure of February 14, 1994; and at all times thereafter.

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 21 of 29 PageID: 21

59.

Defendants Fisher and Ruderman also falsely informed Peluso that he was fit to

continue his professional hockey career safely after his December 18, 1993 fight with Tony
Twist; after his seizure of February 14, 1994; and at all times thereafter.

60.

Team Defendant falsely stated that Peluso’s first grand mal seizure was a result

of dehydration.

61.

The Team Defendant and Defendants Fisher and Ruderman knew these

statements to be false and that Mr. Peluso was at excessive risk of additional seizures if he
sustained further head trauma and the likelihood that such trauma would occur.

62.

The Team Defendantsand Dr. Ruderman intended that Mr. Peluso rely on their

false statements to induce him into continuing his hockey playing career for the then benefit of
the New Jersey Devils.

63.

Mr. Peluso reasonably relied on these false representations as they were made

by the Team Defendant, Dr. Ruderman and Team Defendant’s medical staff, who were entrusted
with his physical wellbeing and safety.

64.

As a direct and proximate result, Mr. Peluso has suffered significant harm.

65.

The actions of the Team Defendant were intentional and with knowledge that

continuing to play hockey in the NHL would lead to further brain damage and seizures with
substantial certainty. They deliberately misrepresented Mr. Peluso’s medical condition to him
and fraudulently represented his risk of sustaining further neurological injuries.

66.

The Defendants further misrepresented the true risk of Mr. Peluso continuing

his career as a professional hockey player. The Defendants’ intentional conduct was done with
oppression, fraud, and malice, and with the knowledge that future brain damage was a substantial
certainty and with a conscious disregard for Mr. Peluso’s rights. The injuries suffered are not

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 22 of 29 PageID: 22

immunized by the New Jersey Workers Compensation Act. As a result, Mr. Peluso is entitled to
compensatory and punitive damages in an amount to be determined at trial.
SECOND COUNT
Fraudulent Concealment
(Against Team Defendant and Defendants Fisher and Ruderman)

67.

Mr. Peluso repeats the allegations in Paragraphs 1–66 as if fully set forth

68.

All Defendants concealed the contents of the February 21, 1994 Ruderman

herein.

Neurological Report from Mr. Peluso and the danger to his health from further concussive blows
to the head. The Defendants’ acts were done intentionally despite the Defendants’ knowledge
with substantial certainty that further brain damage would be inflicted on the Plaintiff by
continuing to play in the NHL.

69.

All Defendants intended Mr. Peluso to rely on their concealment of the dangers

of his continuing to play hockey after the seizure occurred on February 14, 1994 which were
outlined in Ruderman report of February 21, 2018.

70.

Defendants and their medical staffs had a legal obligation to disclose the

dangers of continuing to play hockey in the NHL to Plaintiff and in fact should have had him
declared unfit to play.

71.

If Plaintiff had known about risks of his continuing to play in the NHL as

detailed in the Ruderman report, that information would have been material to Mr. Peluso’s
decision to continue his career as a professional hockey player or not.

72.

Mr. Peluso did not and could not have known that he had suffered a significant

neurological injury and was at severe risk of further neurological injuries if he sustained any
additional trauma to the head as he was not informed of the findings of Dr. Ruderman. Mr.

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 23 of 29 PageID: 23

Peluso also did not know the true risks of sustaining head trauma if he were to continue his
career as a professional hockey player as Defendants concealed this information from him.

73.

As a direct and proximate result of the Defendants’ intentional and fraudulent

concealment, Mr. Peluso suffered serious neurological injuries by continuing to play hockey in
the NHL and to continue his role for the Team Defendant as an enforcer.

74.

Defendants’ fraudulent concealment was done with oppression, fraud, and

malice, and with a conscious disregard for Mr. Peluso’s health and rights. The injuries suffered
are not immunized by the New Jersey Workers Compensation Act. These acts were done with
substantial certainty that they would cause the injuries sustained by Plaintiff herein.

75.

As a result, Mr. Peluso is entitled to compensatory and punitive damages in an

amount to be determined at trial.
THIRD COUNT
Civil Conspiracy Against All Defendants

76.

Plaintiff repeats the allegations in Paragraphs 1–75 as if fully set forth herein.

77.

All Defendants acted in concert to commit the unlawful acts described herein.

All Defendants agreed with each other to inflict a wrong upon Mr. Peluso and took the overt acts
described herein in furtherance of the conspiracy.

78.

The Defendants’ conspiracy resulted in damage to Plaintiff in the form of

severe neurological and emotional damages. Including but not limited to dementia, CTE and
other brain disorders.

79.

The Defendants’ conspiracy was engaged in with oppression, fraud, and

malice, and with a conscious disregard for Mr. Peluso’s rights. Defendants were aware with
substantial certainty that further play by Plaintiff would result in further brain damage. The
injuries suffered are not immunized by the New Jersey Workers Compensation Act.

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 24 of 29 PageID: 24

80.

As a result, Mr. Peluso is entitled to compensatory and punitive damages in an

amount to be determined at trial.
FOURTH COUNT
Intentional Infliction Of Emotional
Distress Against All Defendants

81.

Peluso repeats the allegations in Paragraphs 1–80 as if fully set forth herein.

82.

The conduct of all Defendants as described herein was so outrageous in

character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be
regarded as atrocious, and utterly intolerable in a civilized community.

83.

The conduct of all Defendants as described herein was reckless, in deliberate

disregard of Plaintiff and with a high degree of certainty further injury and emotional distress
would follow.

84.

As a proximate result of the Defendants’ conduct, Mr. Peluso suffers severe

emotional distress.

85.

Defendants engaged in intentional infliction of emotional distress with

oppression, fraud, and malice, and with a conscious disregard for Mr. Peluso’s rights. The
injuries suffered are not immunized by the New Jersey Workers Compensation Act.

86.

As a result, Mr. Peluso is entitled to compensatory and punitive damages in an

amount to be determined at trial.
FIFTH COUNT
Gross Negligence Against All Defendants

87.

Mr. Peluso repeats the allegations in Paragraphs 1–86 as if fully set forth

88.

All Defendants owed a duty of care the Plaintiff.

89.

All Defendants breached that duty in the manner discussed above.

herein.

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 25 of 29 PageID: 25

90.

All Defendants acted with thoughtless disregard to the consequence that may

follow from their failure to reveal the findings of their medical doctors including but not limited
to Dr. Ruderman.

91.

The physician Defendants owed Plaintiff a duty to put his health interests above

the interests of his team. Despite the physician Defendants’ obligation to fully and truthfully
advise Plaintiff of his physical condition following his injuries, they failed to do so, clearing him
to continue to play hockey as he had before despite the fact that doing so would, to a reasonable
certainty, result in the traumatic brain injuries from which he now suffers.

92.

Mr. Peluso’s injuries, as described above, were the natural and probable result

of Defendants’ failure to exercise the slightest of care or diligence and were substantially certain
to occur.

93.

All Defendants’ breach of their duty of care towards Mr. Peluso was a

proximate cause of the damages he suffered and continues to suffer every day of his life. The
injuries suffered are not immunized by the New Jersey Workers Compensation Act.

94.

As a result, Mr. Peluso is entitled to compensatory and punitive damages in an

amount to be determined at trial.
SIXTH COUNT
Battery

95.

Mr. Peluso repeats the allegations in Paragraphs 1–94 as if fully set forth

96.

Hockey is a sport that inherently involves bodily contact. Indeed, Plaintiff’s

herein.

primary role with his teams was to engage in forceful bodily contact with the members of other
teams at the direction of his own team.

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 26 of 29 PageID: 26

97.

After they became aware of the Ruderman Report, Defendants intended, and,

indeed, directed that Plaintiff continue to engage in harmful and offensive bodily contact with
the members of other teams.

98.

Plaintiff’s consent to continue to engage in such harmful and offensive bodily

contact was based upon the false information provided by Defendants to Plaintiff that he was
physically able to continue to play hockey without risk, other than those otherwise inherent in
playing hockey.

99.

Had Plaintiff known of the substantial certainty that he would incur substantial

and permanent brain injuries if he continued to play hockey in the manner he had played in the
past, and as directed by Defendants, he would not have consented to the harmful and offensive
bodily contact inherent in playing professional hockey.

100.

The fighting and other impacts inflicted upon Plaintiff by the intentional acts of

Defendants resulted in the injuries from which Plaintiff is now suffering.

101.

Those injuries were known by Defendants to be reasonably certain to arise, but,

despite the certainty of such permanent brain injuries, Defendants encouraged Plaintiff to engage
in conduct that they knew would result in serious physical harm, for their own economic benefit.

102.

As a result of the foregoing, Plaintiff is entitled to compensatory and punitive

damages.
SEVENTH COUNT
Prime Facie Tort

103.

Mr. Peluso repeats the allegations in Paragraphs 1–102 as if fully set forth

104.

Defendants intentionally caused injury to Plaintiff in that after they became

herein.

aware of the Ruderman Report, they directed and encouraged Plaintiff to continue to play hockey

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 27 of 29 PageID: 27

in the style and manner in which he had previously played, knowing that any additional blows to
Plaintiff’s head would cause him to incur permanent brain injury and knowing that Plaintiff was
certain to sustain additional blows to the head.

105.

Defendants are generally culpable in that they were as certain that others would

inflict blows upon Plaintiffs head as if they were inflicting the blows themselves and cause him
to suffer serious and permanent brain injury.

106.

Defendants had no reasonable justification for directing and encouraging

Plaintiff to play hockey in the style he had previously played, other than to make money for
themselves at the expense of Plaintiff’s health.

107.

Those injuries were known by Defendants to be reasonably certain to arise, but,

despite the certainty of such permanent brain injuries, Defendants encouraged Plaintiff to engage
in conduct that they knew would result in serious physical harm, for their own economic benefit.

108.

As a result of the foregoing, Plaintiff is entitled to compensatory and punitive

damages.
WHEREFORE, the Plaintiff demands judgment :
a.

For compensatory damages;

b.

For punitive damages;

c.

For reasonable attorney’s fees;

d.

For such other relief as the Court may deem just.
CARELLA, BYRNE, CECCHI,
OLSTEIN, BRODY & AGNELLO
Attorneys for Plaintiff

By:
Dated: January 3, 2019

/s/ James E. Cecchi
JAMES E. CECCHI

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 28 of 29 PageID: 28

Howard F. Silber
LAW OFFICES OF HOWARD SILBER
2625 Townsgate Road Suite 330
Westlake Village, CA 91361
( 818) 706-8510

 Case 2:19-cv-00072-SDW-LDW Document 1 Filed 01/03/19 Page 29 of 29 PageID: 29

JURY DEMAND
Plaintiffs hereby demand a trial by jury on all matters so triable.
CARELLA, BYRNE, CECCHI,
OLSTEIN, BRODY & AGNELLO
Attorneys for Plaintiff

By:
Dated: January 3, 2019
Howard F. Silber
LAW OFFICES OF HOWARD SILBER
2625 Townsgate Road Suite 330
Westlake Village, CA 91361
( 818) 706-8510

/s/ James E. Cecchi
JAMES E. CECCHI