This is disc number four at the time is two fifty four. We're back
on the record. Continued examination. Read the last question back for me if
you can. At what point in time did you come to the realization or
the thought process? You know what, I don't think these docs were doing
for me what they said they were doing. I don't think they were really
in it to help me. When is it that you first felt that way?
Okay? Continued direct examination by mister Traine. I think your answer was,
mister Balaia, that kind of after the fifth surgery, the second Breski
surgery, and before the last surgery, you started thinking that what they were
doing wasn't helping. Was that accurate or did I mistake that? No,
that's wrong, Okay, tell me what tell me when it was? Yeah,
the reason I hung in there for so many surgeries was I didn't know
this was not supposed to be this way. I thought the first one would
fix it, then the second one, Saint Louis said I should have went
up another level and then more aggressive. So I just kind of felt,
you know, I kind of like fell into the surgery after surgery, but
I always had hope that the next one was going to be was going to
be the one. So after the two with Bresca, I figured final one,
you know, which I didn't know which I didn't know was the final
one. You know, I wasn't even aware that six were too many.
I didn't know if we needed twenty. You know, at this point I
was in the game with them. You know that after the sixth point,
I walked out of there hoping I'd be fixed. And then time went on
and it was like all the surgeries. It was great for a couple of
days, and I started to get these little tweaks, you know, and
then it just went into an overdraw situation where that pain was unbearable. And
somewhere after that, you know, down the road, David Houston called me
and said that they were advertising you on their website. Okay, now using
your image and likeness, And it was like at that point I went,
wait and wait a minute. You know, I mean, they know I'm
not any better. You know that I'm just in horrible shape, and they're
advertising on this website. Man, you know, you know that I'm doing
great. So at that point I started thinking, man, you know,
this is really screwed up. My understanding is mister Houston. Did he write
a letter communicate with LSI to say take your likeness off the website or something.
I'm sure he did. Okay, do you know when approximately that was?
What point in time? No? I don't. Did you ever report
to any physician in twenty twelve that you were sort of having a new pain
pattern in your low back, something different than what you had prior to the
fusion. I don't recall that, do you? Okay? And again when
you say you don't recall, I don't know if it's saying it could have
happened, I don't have any memory of it, or if you're just saying,
boy, I sure don't recall that ever happening. There's two different ways
to interpret it. Well, I don't recall it ever happening. Okay.
If I recalled it, I would tell you. Okay. So if there's
a strike that you don't remember suffering any injury while wrestling or doing anywhere else
where, you suffered a new pain pattern in your low back after the fusion,
I don't recall if I've wrestled aufter the fusion. Okay, do you
think you've wrestled after the fusion? I mean I don't. Don't Anything I
did physically was not something i'd remember. Yeah, I'll mean walking to the
ring. You're stepping in the ring, you know, blocking a punch or
hitting somebody. You know. I haven't had a match book where okay,
here's you know, I'm gonna go out and wrestle. I haven't had that.
So anything that you know is minimal physicality, which is you know,
picking the chair up is the same as blocking a punch or throwing a fake
air punch, or I didn't make contact that you know. I mean,
so I don't remember having a wrestling match after the fusion. Oh really,
Okay, we keep you know, we keep talking about this term wrestling.
Do you think you've had a match even if it was a match where you
know, the majority of it was you know, punch is thrown, you
know, some armbar and some you know, slinging against the ropes. Have
you had anything like that versus Flare or you know, Sina or Sting or
any of those guys. I don't recalling you that. And is that because
you're physically not able to do that after the fusion? No, I feel
really good after the fusion. I just don't have that opportunity right now.
I mean the place I'm working at now has changed their I don't know,
how do you say it? You know, everything from their rating to their
perspective on their business agenda of that. You know it's PG. You know
there are no steel chairs, there's no more blood row wrestle. You know,
they want all young wrestlers. You're even at the performance center in Orlando.
You know, if you're over forty years old, and they won't even
look at you. You know, whereas before a few years ago and there
were a guys my age that we're still may have venting in wrestling, you
know now that it's not that way anymore at all. They changed their whole
mind saying business wise? Is this WWE? Yes? WWE? Well did
again? You say the claim in the lawsuit? This lawsuit is you had
a window of opportunity to sign a twenty year contract with Vince in two thousand
and nine. Yes, okay, And because of the lside treatment you were
unable to sign that contract. Is that your contention? No, I didn't
say that. Okay, How did you How did the LSID doctors prevent you
from signing that contract? How did they close that window? Of opportunity.
Well, you misspoke when it was because of the treatment. It was because
that same day I had agreed on the fusion, and I could have moved
forward with my w negotiations because there was a time frame of when I would
be fixed, like I'm fixed now after the fusion, and I could have
done a deal with Vince McMahon at the time. You know, they would
have let me wrestle at my age, and I could have done the twenty
twenty five year deal. You know, got back on the train. You
know, once you once you are wrestle and you're on TV, it changes
the numbers with your merchandise and licensing on top of your wrestling performances. And
because I didn't get the fusion, that didn't happen. And when I went
to Laser Spine, I said, you know, you don't need a fusion,
we can fix you. Which made me think that I could, you
know, just have this one surgery from Saint Louis and I would be good
to go in a couple of weeks because they said that you didn't need a
fusion, all you need is minimum invasive surgery. But after the year and
a half I spent screwing around with laser spine. I was in worst shape
pain wise, So I don't know if my back was worse, but I
was in worst shape pain wise. After all the surgery, I couldn't even
function or think straight. And by the time that I have the fusion eventually,
you know, I wish I needed in the first place. The window
of opportunity was gone. If you would have had the fusion in two thousand
and nine, what was going to happen? Differently, mister Balaya, what
were you going to do in two thousand and nine with WWE that you couldn't
do because you were at laser spine. Well, with laser spine, I
couldn't wrestle after they got done with me after this fusion. If I had
to go wrestler, now I could well, all right. So hypothetically,
if you had the fusion February twenty fifth or twenty in two thousand and nine,
when you could have wrestled as the main event off the top, rope,
leg drop arm, whip leg, take down, scorpion, deathlock,
whatever you want to talk about, when would you have been able to do
Why would you have been able to do that? Based on what based on
what you know from conversations with your doctors about the fusion. Well, conversations
of my doctors usually aren't accurate with how my body healed, because you know,
Arriba and Vale said a four to six month window, which would have
been perfect for Vince McMahon to promote it, get my brand up and running.
You'll create new licenses and get me really where I needed to be.
You know, that would have actually been better if I had a four to
six month window. But knowing that how my body heals, you know,
when I had my knee replacement, the first knee replacement with repeache, you
know they said with the Rakishi, they said, you know it's gonna be
you know, four to six months before you can wrestle. And I was
wrestling Kurt Henry at the twelve week mark with a knee replacement. So I
just couldn't exactly go by what the doctor said because sometimes my body surprised me
and it heals quicker. So that's what I could have done quicker, And
that's what I would have happened if I would have had the fusion the first
time and not got derailed and missed this window of opportunity you know, with
the year and a half or however long it was of the LSI surgeries and
not being able to perform or not being able to do anything on a main
event themed wrestling match, as compared to having the fusion later. You know,
after a year and a half, after having the fusion later, then
it took more time, and by the time I got done, you know,
the window of opportunities gone. Who called doctor Valley or doctor a Reba
in for every twenty fifth and said, you know what, mister Balai has
changed his mind. He's not going to have the fusion. Who made that
call? And the best of my recollection, it was me. Okay,
it wasn't doctor Saint Louis, was it. I don't think so. I
think it was me right because Veil said And it wasn't a rebo because him,
him and I weren't right. You know, I was close with Veil
at the time, and it was Veil that said, you know, you'll
be back. I think we can agree that you made the decision not to
have the fusion surgery. Is that correct? Yeah? Because they told me
and needed they said, explore every option. Every doctor I talked to you
said, explore every option before you have the fusion, and Saint Louis and
he said, you don't need it, which means there's another option. Sure,
but you are I mean, you are an intelligent, mature business person.
You could have made the decision, no, I'm not going to undergo
the laser spine. I'm going to do the fusion because I want to get
whatever benefits it gives me. You could have made that decision in Febry two
thousand and nine, isn't that correct? Well? I could have, but
I trusted the professional doctors that you were talking about that were a lot more
knowledgeable than me as far as back surgery. I trusted those guys. When
you started feeling pain after the February twenty eighth procedure, the first procedure at
LSI, when you started feeling pained again, you could have said, ah,
this laser didn't really fix me. I'm going to do the fusion now.
You could have done that right. Well, when I asked about the
pain, Saint Louis said, you know, you should have he said,
he said, he you should have been more aggressive and done another level.
And so I just figured, you know, he was trying to be conservative
and the way he talked to me that, you know, if we did
one more level, he could, you know, fix and we should have
done at the first time a thought process. I was in the game not
to have a fusion because these guys said we can fix it with that.
You without fusion, you know, and going through this long process it's minimum
invasive surgery, you'll be up and running a lot quicker. And then after
the second procedure you said you had amazing results for a little while and then
the pain came back. You could have at that point said, you know,
I've had two procedures here and I'm still in pain. I'm going to
go back and have the fusion. Nobody at LSI prevented you from doing that,
did they. No. In the meantime, while all this was going
on, these procedures and steroid injections at LSI, in two thousand and nine,
you were negotiating a new contract with TNA, Right, I don't recall
if I was, if I was or not about time, and you were
planning on wrestling a tour in Australia, right, Yes, I mean you
mentioned a little bit ago in one of your answers that four to six month
time frame would have been great because it would have allowed you to get your
brand up and running with Vince. I mean, why couldn't you get your
brand up and running with Vince when you were going to see the folks at
LSI. Well, you know, I just I just never got back on
my feet after the surgeries. You know, this is a couple of days,
and then there were there would be another little tweak, you know why.
I'd go, well, well just wait a minute, you know,
and then there's another you know, there's something, a little something going on.
And it was even to the point where after the second surgery or the
third surgery, I planned the Australia trip and went ahead and gave him the
green light to start the publicity, and all of a sudden, a couple
of weeks before I went, my back completely went out again. So it
was touch and go with is this the surgery or you know that's going to
fix my back? You know. So, you know, when he first
came out of surgery, you felt great for a couple of days. Something
was even longer. But I hadn't been through enough surgeries to know that this
was going to happen. Every single time they cut on me. I was
hoping after the first or second one they might get it right. Who is
Paul Henry, mister Balaia, Paul Henry? Do you know mister Henry?
Or did you know mister Henry? You know I don't call Paul Henry.
That name sounds really familiar. I'm going to read something to you, but
I'm going to ask you a question. Could you show him a copy of
what you're reading. No, I'm not going to show him, but I'll
tell him. I mean, it's his statement from one of the reality shows,
so I assume you have it. You're asking him to assume he made
that statement when it was from a reality show. Yeah, it's you on
camera, okay, I mean you can listen to it. I'm going to
give you a shout out. It's good to see your brother. You look
healthy, man. He wrestled with us for years. Yeah. Yeah,
they told me about that. I couldn't wait to see it. But thank
you, bro. I'm going to give you a shout out. It's me
Knobs, Bischoff, Jimmy Hart, you know, the crew, brutus,
all the fucking idiots. We are getting ready. Vince's freaking man, because
he wanted me to be the main event against Sina. I told him I
would, and then two weeks ago I said I can't. So I'm getting
ready to do my own thing. Isn't it true that you didn't sign up
with Vince in two thousand and nine because you wanted to do your own thing
and you didn't want to be part of WWE. Isn't that true? No,
So if you're on tape talking about setting up this new business recorded you,
that's just an outright falsehood. It's not true. What's the you're reading
from your own notes is what you're doing for the record. You need to
show him the document if you're going to question him about it. You don't
sit through many depositions. To you, mister Floren, this is my first
one. It's cross examination. I can ask him whenever I want to.
You can either deny it. You've got to show the witness. No,
you've got to. Why don't you all give the court reporter or at least
a little bit of deference and talk one at a time. All right,
I'll talk. If you show him what you're reading from as you're required to,
then he can answer the questions. You're just reading your own notes.
Is all you're doing. Show me a rule that says I've got to show
him anything. Show me that rule. Well you know that rule. No,
there is no rule. My question to you is, didn't you want
to start your own deal in two thousand and nine and not sign up with
the WWE because of the fallout you had with your relationship with Vince McMahon.
Isn't that really the truth? I object to form. It's not true at
all. Isn't it true that your refusal to sign with ww in two thousand
nine had nothing to do with your back problems? Did it? It's not
true at all. Okay. Do you remember in twenty thirteen, two twelve,
two thirteen time frame that you applied for some life insurance. You had
stated that you needed to pay off some debts, you needed some life insurance.
Do you recall that? No, I don't recall that. Do you
recall when you applied for life rance that you have to fill out a medical
questionnaire? Don't recall that? Okay. Even though if we have a medical
questionnaire or an application for life insurance where you were asked medical questions, would
you have been honest in answering the questions from the life insurance company or the
group that you were applying for benefits from what you're saying, if you have
will beat the question. I don't understand sure. I mean you say you
don't remember filling out any life insurance applications, and I'm asking you to assume
that you failed out a life insurance application. My question to you is in
the medical part of the application, would you be honest? Would you tell
them honestly what's going on with your medical condition? Well, I would assume,
like you said, if I filled something out, I'll assume I would
be honest. Okay, Well, do you know a group called the Smith
Company? No, I don't. I mean, as you say here today,
do you believe that you'd lie on a life insurance application. I have
no reason to believe on lie. Do you want to show him that document?
No? I will at trial, though. Well, if you're going
to ask questions about a document that, I'm going to go in front of
the judge and we'll talk to him about whether or not in depositions, you
need to show him the documents is supposed to reading from your notes, so
we can do that too. Wow, Please tell me what here? Well,
when that hearing is so I can watch you make new law. I
would want to be there if I get to hear. If we get the
hearing, I'm sure you'll be noticed because you're on like certificate of service,
so you'll be there. Thank you. This is all just for the court,
mister Blais. Do you do you recall telling a group called the Smith
Company that in two thousand and twelve and twenty and thirteen that your annual income
was one million dollars and you had a total net worth of four million dollars.
Does that sound like your financial situation in two thousand and twelve thirteen?
Our recall what it was then? If your income is approximately one million dollars
in two thousand and twelve, how would that compare with your annual income and
save the years? I don't know two thousand and five to two thousand and
nine was it more or less about the same? It was probably a lot
less. You have had You have not had any additional back surgery, have
you since the fusion in two thousand and ten? Is that correct? No,
it's not correct. It's not correct you've had additional back surgery. Yes,
tell me about that. Well. On my sixtieth birthday, I have
the spinal court stimulator taken out? Who removed it? Doctor Riba? Did
you ever again use that stimulator after the fusion procedure? No, I didn't
eat it. So you were just carrying around this piece of hardware in your
back for some period of time. Yeah, because was it uncomfortable? I'm
sorry I cut you up. No, No, it wasn't uncomfortable. Okay.
How long was it in your back before doctor you Rebay took it out?
Well, whenever the surgery was, you know, the twenty fourth of
I guess it was twenty ten, twenty eleven, you know, whenever the
fusion was. I thought they took it out. After the fusion, they
took out the stimulator. Well, you asked me how long it was in
there? Yes, okay, I'm trying to tell you right. It was
in there from whenever the fusion was. I think it was twenty ten until
my sixtieth birthday. And that's how long it was in there. You know,
I didn't use it. And finally that's what I wanted. That's what
I wanted from my birthday was to get the battery out and all the wires
because before it started leaking or there was a problem or something, okay,
And when it was your sixtieth birthday August eleventh, last year, okay,
So you had that stimulator in your body for three years almost after the shrugs
okay, and you didn't have any problems with it. I didn't use it,
you know, I didn't. I didn't charge it or anything. So
I just I just wanted to get it out. Have you had any other
conversations with any other physicians. I know, I've asked about a number of
physicians, but any other physicians regarding your treatment and LSI where they expressed any
opinion about the treatment you've had or the surgeries that were performed or anything like
that. I thought, I recall, I think, have you had any
injections at all in any part of your back, your upper back, your
mid back, or your low back since the fusion surgery? No, have
any physicians told you in the last five years say that you risk more serious
injury to your back if you were to get in there and wrestle like the
main event type, jumping off the top ring rope, doing the body slams,
getting body slammed, cage matches, ladder matches. You know, any
physicians said, you risk more serious injury. I'll talk to you Ariba and
Veil about it, and I'll talk to him about the Hulk Cogan theme matches,
which Hulk Cogan does the drop kick, you know Hulk Cogan does.
Jump off the topic of the cages and it's pretty much the characters pretty much
well established. I do need to get more physical than I would have had
to get in TNA to have a main event match like I had with a
Rock at WrestleMania X eight. You know that that's all within the safe zone
of a Hull Cogan theme match. So I had to talk to Vail in
Ariba about potentially doing that. When they say what they sayd is you know
the way mat back is now, They didn't see any problem with it.
Okay, So if I went back, the only thing is I'm sorry.
The only thing I wouldn't do is do the leg drop because we talked about
that and they said there's no reason to do that that could compromise the integrity
of the fusion. I guess, well, it doesn't make sense to jump
up and lound your tail boom. Okay, But if I were to go
back and look at that match, Wrestleman the eighteen with the rock you could
do everything else now that you did not accept for the leg drop. Yes,
okay, And is it your testimony that the reason you're doing that now,
mister Balaia is because what ww has changed its focus? They don't,
they're not. That the reason you're not doing that now, mister Balaia is
because what WWE has just changed its focus? They don't, they're not they
want younger wrestlers, or they've changed their business model. What's the reason why
you can't engage in that type of match? Well, it's actually, yeah,
what you said, I read I guess in the last day or so
that the TEENA contract with Spike TV has been canceled as of yesterday or something
like that. Is that you're under standing or do you even know? Well,
I've had people call me and say that, but I don't know.
You know, it could be a wrestling angle. They've always got new owners
come in and taking over, which are not really owners, they're wrestlers,
you know. I know Kevin kay as Spike is involved in the storyline.
He's one of the creative directors and he's the head of Spike. So it
could just be a wrestling angle. I mean, is there any reason you
couldn't in the last few years since the Fusion, go back to TNA and
be the main event, the main guy, do everything you did in that
match with the Rock except for doing the leg drop. But there's no reason
other than there's no reason too. They wouldn't. They wouldn't pay me anymore
for doing it. The reason you wrestle is you make more money, and
they wouldn't pay me any more to wrestle. They just didn't have the financial
No, No, they were just yeah, I think it was pretty much.
You know, I know what it was. It was. It was
a small independent wrestling company. It wasn't a large company like the w W
or Ted Turner's company. Are there any of the wrestling companies out there that
you would consider, you know, second tier behind the ww right now or
for the last couple of years, other than TNA. TENA is not a
wrestling company. Okay, Well, if you're comparing the two, you know,
one is a multibillion dollar company and TNA can't afford to make payroll.
It's a big drop off, I realized. But is there any other wrestling
company that you would put in the same plane as TNA. As TNA,
Oh god, there's hundreds of them, dude, Okay, they're probably forty
them in Japan. Is that the I mean, when you signed on with
TNA, you were excited about that possibility, weren't you. Well, yes,
I was excited about that. The investors, you know, Dixie Carter's
parents wanted to compete. I had no idea that it was just the opposite.
I mean, you thought it was going You thought you were going to
take on Vince Monday nights and take on the big monster, and that was
the future of wrestling. Didn't you think that in two thousand and nine.
Well, on two thousand and nine, we had a huge town pool of
young guys that were established, and we had already done it before you Eric
Bischoff and I had already done before with Ted Turner, and we were under
the assumption that Dixie's parents, who are very wealthy billionaires and own an energy
company, rain to compete. And they thought, you know, they may
think we had a budget when they decided to go on Monday nights and it
wasn't the case. Well, one was it that you realized that TNA was
not going to be the presence in the industry that you thought it was going
to be. Well, they wouldn't spend the money to go on the road
and do things correctly. You're just everything from the pyro of the presentation to
you know, they wouldn't spend any money on advertising, pronadvertising or any type
of social media stuff. There wasn't a presence. Well, when I say
timeframe, I'm trying to get you know, maybe just a month or a
year. Do you have any idea when that sort of realization came to you
that hey, this may not be the future of wrestling. Well, it's
probably a second year I was there, Okay, Yeah, they made us
think they were going to ramp up and be competitive. Do you still have
any kind of assistive device that you use on a regular or periodic basis,
A cane, a walk or anything like that. No, And I take
it from the fusion procedure that was performed by doctors Uribe and Valet. You
didn't have any complications at all after that, No infection, no problem with
wound healing, anything like that. No. None. Did you ever tell
anyone or did you ever make the state that after the fusion surgery something quote
something is not there. I can't get the strength back, can't get my
legs underneath me. Did you ever make that statement to your recollection? Could
you show him what you're reading from? Again, I know you're from Atlanta,
but Florida Rule ninety point six one four requires you to show the statement
to a witness of any past statement that he's made. It's a statement he
made on a reality show. Could you show it to him? No,
he can answer, or you can instruct him not to answer. I'm not
going to instruct him not to answer, but if it keeps up, I
might and take it to the court. Okay, I said it just a
little bit ago. You're required to show a witness what you're reading from on
any past statement. Those are our rules. What was the all right?
Well, are you going to answer the question, mister Balaah? Do you
ever recall do you recall ever saying after the fusion surgery something is not there,
that you couldn't get your strength and your legs back, can't get my
legs underneath me. Do you recall saying anything like that? Well, if
it was said, I will, I don't recall if it was. Okay,
you're after the fusion during the LS surgeries. I don't know, you
know, but I just haven't gotten my legs back underneath me completely. And
your testimony would be that you do not have your strength back today after the
fusion. You're not in any pain, haven't been in any pain? Well,
no, I'm not in any pain. My back feels fine. Yeah.
I don't have my legs back hundred percent like I wish they would.
Is that because of the back problem or is that more because of the hips
in the knees or do you know? I don't know, Okay, I
don't. I have no idea, you know. I just remember my dad
always tell me that those don't lose your dogs, don't let's your legs go
off from under you. And I just, you know, that's in my
head because he was he trained a lot of people. So I just costly
focus on getting my legs back underneath me. Do you I think you referenced
this earlier. You were filming a show out at Universal Studios in Orlando.
You've talked about that a little bit. Was that for TNA? Yes?
Okay, if you did wrestle a match after the fusion surgery, or even
if you wrestled in a match before the fusion surgery. Was that match scripted
to the point where there was actually a written script that talked about the kind
of generally what the part subments we're going to do. No, okay,
that never happened. I mean it was oh more just oh, you know,
well, I'm gonna say it never happened. I wrestled for a long
time, and part of the art form is not talking about what you're gonna
do out there. You know, the best wrestlers never talk. They just
know what the predetermined finish is going to be. Because if you try to
if you go to try to plan something and doesn't work in front of the
crowd, you would be pretty stupid to keep doing something you plan it didn't
work. It was pretty much you listen to the crowd and what they want.
You know, it's an art form. So after the fusion, be
like that. You know, because before the fusion, if I did wrestle
one of those matches you're talking about, I would sit down, which I
never did. I would sit down and plan out, Okay, you know
we're gonna do this, this, this, and this, the whole match.
The stuff that I did in the ring was calculated and it's okay,
I'm walking down. You know, I'm gonna block a punch, hits you
twice and you scoot out from one of the ropes, or I'm gonna pick
up a chair up and hit you. It wasn't a match. Everything that
we talked about before the fusion wasn't written down, but it was calculating.
All right, Well, let's go back to say two thousand and five or
two thousand. You're at the height of your career. Your back problems haven't
sort of gotten to you so bad. Yeah, you're going to go on
a Monday night raw show. You're going to russell whomever, the Rock,
somebody. Would you know going into the ring, would you have something written
down, just like an outline? You know you're going to start out the
Rock is going to kick your butt for you know, the first few minutes
and then you're going to give it him in a headlock. Or was it
just something like you've described, You talk about it with the Rock and then
you get out there and it just sort of flows. Well, Rock was
different. Okay, that's another example, bad example. Okay, two thousand
and five, two thousand, it would not have been talked about. I've
been talked before. Okay, would it have been written down? No,
okay, you're the rock warming to talk about things. And it was the
first time in my career I'd ever done this, you know. Actually flew
down to Miami a month, a week, you know, ten days,
I don't know when it was before the match in Toronto, and he had
a ring set up and he wanted to go through the whole match, and
he had someone there called an Asian I got I named Pat Patterson, you
know, his father, and he wanted to go through this match, you
know, and do all the all, do all the falls and everything.
And I said, you know, there's no way I can let I can
do that here, you know, because you're probably we're probably gonna get hurt.
You know, it's an old ring and there's nobody here to give you
any adrenaline. But we did walk through the match and everything he wanted to
do. And then when we got to Toronto, he started punching me like
he wanted to do, and the place was booing him out of the building
and he looked at me with a deer in the headlights and goes, what
do we do? And I said, take it easy, brother, I'll
get us back on track. Just listen to the crowd and listen to me.
So the rock was different. That was the only time I let somebody
walk me through a match, and we didn't do any of this stuff we
talked about because it didn't work. So if I wanted to send a request
to TNA and say send me scripts of matches, you don't think there would
be any well there being with me involving you. Yeah, No, not
with me, dude. Okay. I did have a guy one time named
Diamond Dallas Page in the only nineties I was wrestling. He was from Atlanta.
He's still up there. Yeah, he actually facts a twenty page thing
and he actually facts a twenty page thing of take a step, take a
half step, block a punch, moved six more inches. Duck this when
I was like, I said, you're out of your mind. I said,
you know, I could never remember all this. You know, you
know, you know once again, none of that happened. That's the only
time anybody's ever written a match out for me was Domin Dallas Page. He
said it to me, and he had only been in the business a couple
of years. I'm like, this is insane. Okay, But your practice
most or all the time was really to sort of see what the outcome was,
and then you would determine artistically how to get there exactly. Okay.
So all right, So this window of opportunity you've described in two thousand and
nine, is it your testimony to a jury that had you had the fusion
in late February early March of two thousand and nine, that you would have
been participating without restriction in the WrestleMania event which was in Houston, I think
Reliant Stadium. Is that your testimony? No? Okay? And that is
it your testimony that had you had the fusion surgery in late February or early
March whenever it was scheduled four in two thousand and nine, that you would
have been able to participate in the Summer Slam at the Staples Center in August
without restriction. Well, it's a very lively possibility. You the way my
back healed a couple of years later with a fusion, with not being as
good as shape as before, it's a very good possibility I could have made
a ventd of Summer Slam or been on the card. Who was it who
made the decision? That you were not going to participate in the w W
events in the calendar year of two thousand and nine. Was that you or
was that vins or someone else? Which events are you talking about When you
say events, Well, I mean any event. I mean. I don't
want to restrict him to SummerSlam in WrestleMania. I mean there might have been
the Monday night raw tapings. There could have been, there was a Thursday
night show I think. I mean, I'm not trying to restrict you.
I'm asking you. You know this window of opportunity that you say you missed.
Who decided that you would not take advantage of that? You were Vince
or Well? I called Vince and I told him that my back didn't get
fixed like I thought I would with a minimal ASA surgery, which would have
put me at the wrestle at WrestleMania with Sena. I just had to call
him and tell him that in my back just keeps get going out on me.
Mister Beala, you were never going to wrestle at WrestleMania against John Cena
in a traditional wrestling match without restriction if you had had that fusion. Isn't
that right? Also? I'm right at all. If I'd had the fusion,
I would have never wrestled Russell Money at all. There would have been
no match. If I'd had the fusion in February of oh nine, I
would I would have healed and gutten ready for SummerSlam or whenever Vince wanted me,
and I would have had to deal with Vince where we were talking about
and move forward from that point. The only way I would have wrestled Russell
Maney against John would have been John Cena would have been as I talked with
Vince and we planned on it and we were going to do it. The
only way I could have done that is is if what doctor Saint Louis told
me would have been true, that he could fix me, and I only
thought it was going to be one surgery and it would be minimal invasive.
He said, you know, you'd be good to go in a couple of
weeks. If that would have been true, I could have rustled Sena at
WrestleMania. Doctor Saint Louis never ever told you that he was going to get
you back into the wrestling ring to wrestle John Cena at WrestleMania in a traditional
wrestling match, without restriction. He did not tell you that, did he.
He did not mention John Cena. But he said he could fix me
and I would be good to go in a couple of weeks. What he
told you, mister Balai, is that he hoped to provide you some pain
relief to allow you to participate in the activity of daily living activities of daily
living without being in debilitating pain. Isn't that what he told you. I
was there, you know, I know what he told me. That's not
true. What you're saying your testimony to the jury is that he told you
he was going to cure your back problems to the point where you were not
going to have any back pain or any structural back problems. Is that your
testimony? My testimony is he told me I did not need a fusion and
with his minimal invasive surgery, and he never said six surgeries. He said,
with his minimal invasive surgery, which I thought would be one time,
that I would be good to wrestle in a couple of weeks. You know,
I'm going to hit the wrestrom real I'm gonna hit the rushroom real quick.
You're all be back at the time is three thirty seven, we're off
the record, recess the Times three forty seven. We're back on the record,
continued examination by mister Train. Mister Balaya, let me hand you what
I'm going to market his exhibit. I think we're up to six. Exhibit
six marked for identification for the record. This is a document entitled informed Consent
of Terry Jean Balia. We've marked as exhibit six. Have you had an
opportunity to review that Exhibit six, mister Balea, Yes, it's at your
signature on the back page second page. Devil was like a copy of it.
Okay. Do you recall being provided with this informed Do you remember being
provided with this informed consent prior to your first procedure at Laser Spine Institute,
No, I don't recall, okay. And do you recall discussing the contents
of this with Doctor Saint Louis before your procedure? No, I don't.
It's it true, mister Balaiah, that you had consulted with doctor Juan Uribey
at the Health Services Center Medical Clinic, and that doctor Euribe explained that your
first option was considerable conservative management, but that given your years of such treatment
and lack of success with it. He did not see it as a viable
option. Did you have that conversation with doctor Euribey, Yeah, you know,
when I met with him and decided on having the fusion, we talked
about all the other options that I had tried at that point, and he
agreed that they weren't giving me relief and they didn't work. And then did
you discuss with Doctor Saint Louis prior to your surgery at LSI, that doctor
uribe had said you could have a surgery that involved a multiple level fusion,
and that you were concerned about some of the potential consequences of such surgery,
including, but not limited to time for recovery, likely pain relief, and
possible lesser mobility. With those some of the concerns you had about a fusion
procedure. And my concerns about a fusion procedure, which I talked to all
the doctors about, was it was uncertain whether it would work or not or
make things worse. That's why every doctor I talked I talked to you said,
try any other option first before you decide on the fusion, which is
the final straw. And then when nothing else works and would you agree that
paragraph seven to this document reflects exactly that, yes? And then would you
agree wouldn't you that paragraph eight reflects that it was you who wanted to explore
possible surgical alternatives instead of a fusion. Correct, Yes, And in fact,
doctor Saint Louis didn't tell you that he could fix you and that he
could make you pain free and allow you to get back in the wrestling ring
without restriction. Doctor Saint Louis advised that he could perform a procedure that might
reduce the amount of back pain you had, as reflected in paragraph nine.
Isn't that true? Not completely? What is not completely true about that statement?
Well, he told me that I did not need a fusion and that
he could relieve me of the pain to where I could get back and wrestle.
And although paragraph nine says that there's a surgical procedure that he could perform
that might reduce the amount of pain, it doesn't say eliminate. It says
might reduce the amount of pain. You sign this document? Did you not
repeat the question again? Sure, I'll phrase it. It was a poorly
worded question. Your testimony is doctor Saint Louis told you that he could make
you pain free, fix your pain, and you could get back in the
wrestling ring. Paragraph nine says that he talked to you about performing a procedure
that might reduce the amount of back pain, and you signed that document,
didn't you. It's a compound question. You could answer it if you understand
it. Yeah, you know he told me that the surgery and that he
would perform could fix me, yeah, and reduce back pain. But he
also said that I might need to do an additional surgery to you, which
I understood. All right, So you knew it that very first visit that
you may have more than one surgery. You knew there was a possibility.
Yeah, because he was being conservative and you wanted I'm sorry, I didn't
mean to interrupt you. Go ahead, no, no, go ahead,
Brunn, to be conservative, right. You wanted him to do the least
amount to your back that hopefully would reduce the pain. Isn't that right,
The least amount of my back that would fix me where I could get back
to work. Okay. Now, I was in the middle of talking with
Vince about wrestling Scena WrestleMania, and Saint Louis told me, you know,
he could fix me where I could work, you know, and Matt,
I don't need a fusion, And that's the whole basis for this whole thing.
But he never told you that you could get back to wrestle Sena in
two months in a wrestling match and be the main event with all the physical
activity that you did in two thousand and two thousand and five and WrestleMania x
nine with the Rock. I mean, he didn't tell you that, well,
all of a dialogue that you added, but he told me that he
could fix me and I'd be able to wrestle in two weeks. That's what
I was counting on. That's why I was in to go with Vince.
And if you will strike that maybe I misheard you. If you had the
fusion procedure, do you believe you would have been back in the wrestling ring
with John Cena on April fifteen, two thousand and nine, at the Reliant
Stadium in a match without restrictions if you had had the fusion? No?
No, never, Okay, I just I've stated that I believe that I
would have known exactly what was going to happen and could have continued to negotiate,
and I missed that window of the long term deal and being figured back
in as a main event wrestler. So you knew when you were a meeting
with Doctor Saint Louis, before they ever operated on you, that you might
need additional minimally invasive spine surgery laser spine surgery. Right, he said it
was a possibility, okay, And you also knew that it was a possibility
that you may have to have the fusion surgery. From what he told me,
he made me feel like I did not need a fusion, that he
could fix me. I didn't care if my bones were straight or not.
I just wanted to wrestle and not be in pain. You know. I
couldn't see the bones if they were crooked or out of line, and he
never looked at them before these issues came up. So I don't know if
I had scull you this is or anything I saw. All I cared about
I was being able to go back to work, and that's what he assured
me I could do with this minimal invasive surgery. All right, Setting aside
what you say he told you, what about what you read in this document,
And I'm referring you to paragraph eleven I understand that any relief that I
obtain may not be permanent. Did you read that back before you had the
minimally invasive procedure with doctor St. Louis. I don't recall reading this,
And the next sentence says, I understand that I may eventually have to undergo
further surgery as described by doctor Uribay, that would be the fusion. Do
you recall reading that before you agreed to have the surgery? No, I
don't recall reading that, okay, but you're not telling the jury that you
weren't given an opportunity to read this. I mean you may have read it
that day. You may not have read it that day, but you certainly
signed it. Let me just object to something because you misread the document.
You said that quote, you added the words that would be the fusion.
Those words don't appear in there. Those are your words. Okay, you're
misrepresenting the document that he doesn't recall reading. That's cute, that's cute.
Is it kind of cute that you inserted that tribala? What other surgery to
doctor your rebate recommend to you other than the spinal fusion surgery? That was
it? That's what I thought, all right, So back to my original
question. Are you telling the jury that you know you didn't have a chance
to read this, or that you were tricked into signing it or something like
that, or do you just not remember it because it was I mean it
was over four years ago. Well I don't remember it because it was over
four years ago and I was signing. If it was ten pages, it
was one hundred and ten pages. You know, multiple documents, and you
know, from what I remember, sign him most of them on you know,
like a credit card electronic thing, you know, so I signed a
lot of stuff. You know, the lady would hit the computer, sign
your name, hit the computer, sign your name. So I mean,
I don't remember reading this, and if I did read it, I didn't
remember. So there were just so many pages of things that I was dealing
with. Well, okay, but I mean, you're the patient and this
is a legal document you're being asked to sign. And actually paragraph fifteen says
I have read this entire document consisting of two pages, at least twice before
signing it. I mean, are you telling me the jury that you didn't
read this at all? I'm telling the jury I don't recall, okay,
do you agree with me that had you read this document on Fabry twenty seventh,
the day before your surgery, that you would have understood that LSI was
performing a procedure which might reduce your pain, but that it might not be
permanent, and that you might need to undergo further surgery as described by doctor
your rebate, you agree with me that if you read this on February twenty
seventh, you would have known those things. I'd agree with that. You
know, if I'd have read that on February twenty seventh, the might things
that could have happened, and might have happened, but they're not as important
as what happened to me. I mean, do you recall that your surgery
was performed on a Saturday? No, I don't. Paragraph the next to
last paragraph says that I understand that surgery will be performed on a Saturday because
I have a film crew that would like to film portions of my visit to
LSI, that otherwise I would be provided the same treatment as any other patient
of LSI. Do you remember that they accommodated you in the film crew.
They came in on a Saturday. The film crew could film this. Do
you remember any of that taking place? No, I don't, okay,
I mean, is it your testimony we'll strike that. Is it your recollection
that these doctors weren't discussing all this with you and telling you what you know,
the possibilities were, and they weren't answering your questions. Is that your
recollection? The best of my recollection is, you know, Saint Louis said,
we're going to do this minimal invasive surgery. And when I was and
when I was out of pain, I mean, you know, when I
was back in the pain in pain, he said, you know, you
know, we got to do another surgery because I didn't get it or I
didn't get as aggressive as I should. And my recollection goes back to him
telling me that I didn't need a fusion, and with him being the doctor
and knowing what was going on, I trusted him when he said, you
didn't need fusion. And my whole mindset was based on, let's get this
minimal invasive surgery because I don't need a fusion. We can fix it.
So whether it was two surgeries or six or sixty, I was in the
game with him and I trusted him. That he could fix it, because
that's what he told me the first day that I walked in there, that
I don't need a fusion. And if his testimony, Sir, was that,
you know, maybe fix it is wrong, you maybe get out of
pain, because I never dreamed that he could fix the bones. I just
I knew we were we weren't doing that. I knew he was going to
fix my back, so I wasn't in pain and I could continue working on
with my career. If his testimony was that he told you that they thought
they could perform a procedure on you that would reduce your pain to a level
that allowed you to work, not get in the wrestling ring, but be
a celebrity wrestler and be up there and be the face of the company and
do those kinds of things, but not get in the ring and wrestle and
get your pain reduced to where you could work out, walk, travel without
being in debilitating pain. Is that not the conversation you recall having with doctor
Saint Louis's definitely not the conversation. So if he testified to something like that,
he doesn't. He's either telling a lie or he doesn't remember accurately.
Right right at the time, you believe that, as you said, they
were on Team Hogan, that they had your best interests at heart and we're
trying to do the best for you at the time you first started seeing them.
Yes, okay, I'm going to kind of jump back to that meeting.
You and I originally were originally before our break talking about your ongoing what
you say are ongoing conversations I guess with Vince and were you personally having these
conversations about getting your brand up and running or were your representatives talking with Vince
or both. Well, I was mainly focusing on Sena and the wrestling,
you know, when I knew my back would be fixed from LSI, I
was mainly focused on getting on that main stage with Sena right away because the
time frame worked perfectly for me, even though it was pushing it. For
a normal WrestleMania, usually you need twelve weeks to promote it. But the
last WrestleMania with the Rock was such a you know, with me coming back
after being gone for ten years, it was such a loyal following. We
knew that we could have a shorter promotion time and would work with Sena,
So my focus was making sure that the TV's going, you know, going
into the Cena match, were set up the right way. Um when when
you know where it was going to be the good the good guy, good
guy respect for you or you know, whether it was gonna uh, whether
it was going to cheap shot him, or what storyline we were going to
go down to create the most interest, you know, that was my main
focus. At the same time, my attorney, Henry Holmes, my entertainment
attorney, had worked out all the deals with Vince in the past, asked
and he knew what our objective was, and to get the money to a
point where it was reasonable and to have a jump off point where I could
get back on track, you know, and performed to where I could generate
enough revenue for it to be advantageous for all of us. I wasn't working
on that mainly. That was that mainly, that was mainly Henry working on
that. You know, when I was where I was focusing more on the
matter in hand with Sina and making sure that in ring went right. Who
will strike that? Where would I want to go if I wanted to find
out all these efforts that you were making to get the Scena thing going.
I mean, who were you talking to at the w W about the lighting?
And who are you talking to or writing back and forth corresponding with about
you know, am I going to cheap shot him? Or are we going
to have the mutual respect deal? Other than your word? Where would I
go to find out about all those efforts? Well, the only person I
had conversations with, and I didn't talk to anybody about the lighting. Yeah,
I didn't talk to anybody about about cheap shotting Sina or being the good
guy. It was something that the theme was that Vince and I were getting
ready to address because we were blocking dates out for the TV's going up for
the WrestleMania and so Vince was the only guy I talked to. Okay,
so Vince McMahon would understand those conversations because he was as the final say so
on all the wrestling as far as Henry and his negotiations. I don't know
who the attorney was at the time. It could have been Jeremy McDivitt,
who was still an in house attorney. I don't know who else was in
there, But I mean, you know, there were so many there were
so many changes, and there's so many attorneys there. I don't. Jeremy
mcdivot is a criminal attorney, but he's also Vince's personal attorney, so I
don't know if they had a business attorney Henry was talking to. But Henry
would know who the person was with regard to the negotiations going on between you
and Vince and WW around this time that you say would taking place, do
you have in your possession any letters, offers, proposals, things like that,
written documents, something that you have that maybe you haven't given over to
your lawyers that would give us some information about that. No, I don't,
No, I don't. Henry had communications back and forth with them as
far as the deal went. Do you remember this contract that you have testified
to it you were going to possibly enter into with Vince. Does that contract
exists? I mean in a draft forum. I know you never signed it,
but in a draft form to your knowledge, Well, I know there's
a draft form from two thousand and five when we originally started to address this
thing, you know, but money. But the money wasn't right, It
wasn't It wasn't even close to enough to sign because Vince, I think even
on camera, he asked me when I was going to sign it, you
know, when we were filming something and I seemed to call him saying,
you know, yeah, you know, when are you going to sign this?
You know, I apparently thought I was worth more than what, you
know, what they wanted to pay me. So I never signed it,
but it was readdressed when we when we decided to go back in business in
oh nine with Sina and getting me on the team because i own my name,
brand and likeness, and I'm one of the only wrestlers that do you
know, the whole Coogan, whole Camania Hoults your name, and he has
he only has or he only had the rights to the intellectual properties to repackage
old matches and old images. So the thing was, since I was coming
back to work to relaunch that brand so he could make more make money even
if I died ten years from now, so he could make so he could
make money like Elvis, even after Elvis was dead, you know, with
the brand, the name and the likeness. He wanted the rights to my
name and likeness for twenty twenty five years, and that was on the tamphlet
along with Sina. But I don't know if there's a draft you know,
I know that there was a two thousand and five one and we were we
were going to that same path in two thousand and nine. What was the
money if it wasn't enough in two thousand and five? What was the money
that was being discussed between WWE and yourself for this path that you were going
down this new contract? What were the financial terms? Well, it was
around a two million dollars minimum, you know, for licensing, merchandising,
and then for the wrestling, you know, because of Wrestlemanian pay per views,
depending on how much I wrestled, if I was on the main event
status of that card, you know, wh would have generated more than that.
So there was a basic minimum that we could have agreed on. Okay,
and you think it was around two million dollars? Yes, I do.
Okay? Was there anything and I'm outside of ww now, was there
any type of deals that you either were negotiating or that you were supposed to
signed off on that you couldn't do because of the treatment at LSI like a
book deal or a movie or TV appearing or something like that, not that
I can recall. Oh, you know what, I take that back.
I take that back. I'm miss spoke. There were two different cameo parts
than my agent, Peter Young, who's an entertainment agent, called me for
and Adam Sandler movies during that lside time that I just I couldn't do because
I was in too much back pain. Said cameo parts. Was that in
one Adam Sandler movie or two Adam Sandler movies? It was two? You
know, he had two different movies who he called for. Do you know
which ones they were? Yeah? What was a hairdresser movie? I don't
I don't know the name of it, the like Zoltron or something, Zohan
Zion, Zohan, Zoohan. You don't mess with the Zoohan. Yeah.
I was supposed to be the landlord, this evil landlord that was Adam you
know whatever his name, Sandler's landlord. Okay, and then I couldn't do
you know that He called about another one, and then I just thought about
a third one. There was an American Pie movie which was redone at the
New American Pie Movie. Okay, they called for that, and I couldn't
do. I'm not familiar with you know, which was first or which was
second in that time frame. But now that they were sitting here talking about
other opportunities. I do remember those, and do you think that you were
not able to strike that? Do you believe that had you had the fusion
in February two thousand and nine, that you would have been able to take
part in these cameo appearances in these three movies? Oh, I have no
idea. I mean, if I would have been down with a fusion for
four or six months, I wouldn't have been able to too if they came
during that time frame. Okay, but I was just telling you what you
asked me about, LSI. Yeah, well, I'm talking about that time
period. What I want to know is, if this case goes to trial,
are you go and ask the jury to award you some money because you
couldn't have a cameo and don't mess with the Zohan because of what happened that
LSI? Well, I mind neither. You remind me aout opportunities, right,
I mean out to think about it. So I'm here for thank you.
You don't keep coming. I like it. Yeah, I am to
please thank you. So Peter Young would have been the one to negotiate those
deals for you, Yes, sir? All right? And do you have
any documents in your possession that would reflect those negotiations, any correspondence from Sandler's
representation, tips with the producer, the director, you know, hey,
we need help to come to out to LA on such and such a data
shoot. Is he able to do that? Anything like that. Peter would
have done those, whether it by be email. I know that there there
were no formal contracts drafted because I was I just basically couldn't do it,
but there was communication. You know, Peter usually does the email thing.
Do you think these negotiations came up after the first LSI visit? In other
words, is this something that came across Peter's desk and he asked you and
you said, no, I can't do it because I'm having these back surgeries.
Or was it something that was in place before the visit to LSI and
you were planning to do it and then had to call it off. I
didn't. I wasn't planning. I wasn't planned before the surgeries. Okay,
And do you know whether these offers or proposals, requests, inquiries, whatever
we call them. Do you know if they came during the two thousand nine,
two and ten or in two thousand and ten or did they come in
after the fusion procedure in December two thousand and ten. And to the best
of my recollection, I know that the Adam Sandler ones came in before the
fusion, you know for sure. I'm not I'm not exactly positive about the
American Pie offer that could have been then also, I'm not but I'm not
sure any other You know, this is my opportunity, mister Balay, And
I know I'm beating a dead horse, but it's my opportunity to find out
what kind of financial claims you're going to make a trial. So are there
any other financial opportunities that you were not able to realize because of the treatment
at LSI? And we're going to dig a little deeper into the ww contract.
But we've talked about that a little bit. And now we've talked about
these potential movie roles. Anything else that you can think of that I can
think of now? And do you remember the name of that Adam Standley movie
or what it was about? The second one? No, Peter would know,
you know, he would know the movies. Okay, you don't even
remember what the plot was. I remember one of them, you know,
sheer a freshman memory with the name hairdresser, right, Yeah, one's a
hairdresser movie. Yeah, Zolan or something like that was the name. But
you don't know anything about or remember anything about the plot of the second one.
No, I didn't see them. I don't know what they were.
Okay, I think you told me this, but let me make sure I
have it. You never specifically spoke with any physician about participating at the Summer
Slam event. It's that, right, like a specific discussion of Hey,
there's this big of it in August in whatever it was, Staple Center or
a Lion Stadium. I want to attend. Can I attend it? Can
I wrestle without restrictions? Did you have that conversation with any physician about SummerSlam?
Yes, sir. Now I'll focus on the immediate WrestleMania because the you
know, positive words from Saint Louis that you know I would be good in
a couple of weeks after the surgery. It was a fellow named Jared Barty
Bartie. Do you know Jared Barton Barty b A rtie. The first name
is Jared j R. D doesn't bring a bell. And Scott Hervey is
one of your lawyers. Used to be. He's no longer one of your
lawyers. When did that strike that? I asked you two questions. Is
he no longer one of your lawyers? No, I don't work with him
anymore. Okay, let me show you what I've marked as exhibit seven to
your deposition. Exhibit seven, mark fredentification. Just for the record. That's
an email from mister Hervey to mister Barty, dated February second, two thousand
and nine, with the bates number of WWB slash LSI zero zero zero one
five four. Is that seven? Yes, mister Bala, I'm going to
read into the record paragraph three of mister Hervey's email. And he was your
lawyer, one of your lawyers at the time, two thousand and nine,
apparently so by this, I've never seen this before, and now I definitely
know I'm not working with them. Okay. Paragraph three says Terry has concerns
at once he performs at WrestleMania twenty five, we will have problems getting the
content from WWE. Accordingly, we now want the entire library of video and
photos, both at WWE and WCW delivered by March first. If the content
is not delivered by such date the appearance agreement automatically terminates. The content should
be delivered in a digital format on hard drives, properly indexed, with any
clearance issues noted. All content should comply with the order. Mister Blay,
isn't it true that you didn't wrestle in Wrestlomnia twenty five because your lawyers could
never reach an agreement with the wwe Isn't that true? It's not true?
Okay? Is there something about that paragraph three that I'm not understanding? Well,
it has to do with the website that Scott Hervey was slow dragging his
feet on, that it took almost a year d up and running. I
guess he refers to that be a but that is something he must have done
on his own. Because I would never demand a letter for all content to
be used at random. I definitely something that I would not condone under any
circumstances. I would be very specific with what I needed for a website,
because this is very valuable material which he's demanding, which had nothing to do
with me doing a deal with Vincent Russellmanian a long term deal. The appearance
agreement referred to in paragraph three, that's an appearance agreement for you to appear
at WrestleMania. Isn't that right? And that's what it's talking about. I
could be definitely taken that way, but I would have never seen but I've
never seen it, heard of it, or didn't know what was happening.
When you say you didn't you didn't know there was an appearance agreement before no.
I knew that there was an appearance agreement. I knew I was supposed
to make an appearance to Russell's Sena. You know what. I was fixed
from Saint Louis. I was supposed to wrestle there. But never have I
seen a demand for the letter for content for via libraries for all photos exclusive
to w W ANDWCW. And never have I seen a letter that says I
would not make an appearance or automatically teraminate. I would never do that.
That's not how I do business. That is Scott Hervey well, but he's
representing you at the time. I mean the subject of this email is WWE
and Terry Balaya. The first sentences Terry and I discussed various issues regarding the
agreements. Our additional notes are as follows. Are you denying that those conversations
took place. Well, I've never had that much conversation with Scott Hervey.
This might be the reason he hasn't worked for me, But I don't remember
why. You know, I just had to terminate him because of several inconsistencies,
and this looks like one of the big ones. When did you terminate
mister Hervey? I don't recall. Was it within the last year, the
last four years? That was a few years back. I talked my old
attorney, Henry Holmes, and he coming out of retirement because also desperate,
Scott Hervey was screwing so many different things up that I was desperate to get
somebody that was consistent. Did so. You don't know, sitting here today,
whether the WWE assumed that you terminated or there was a termination of the
appearance agreement due to its failure to provide this content. You don't know whether
that's the case or not. Why, yeah, I do. How do
you know? Well, because I told Vince and myself I couldn't wrestle.
I can't do it. My back is too screwed up. Okay, and
your back was screwed up before you went to LSI right, Well, I
wasn't good. So do you have any knowledge of what the outcome was with
regard to this email to Jared Bardi? In other words, do you know
whether the content requested in this email was delivered by March first? Noah was
never delivered and the website didn't you know? I could, I couldn't have
hired. I could have hired somebody locally, very cheaply to have the website
up and running in thirty to sixty days. But Scott Hervey convinced me that
he needed to protect me, and it took him over a year and a
lot of money to deliver, and he never delivered the website. So I
don't know whatever happened with this demand other than it probably just was an acknowledge.
It's so ridiculous. You guys can keep going up right back. The
extent I want to show you is Exhibit eight, mister Blay. I now
represent that it's a document produced to us in discovery, which is a letterhead
of TNA Entertainment exhibitate mark for identification. I am good, all right,
mister Blair. I don't think I have that many questions about this document.
This is you would agree your signature is on this contract, yes, sir,
and I guess this is supposed to be treated as confidential for purposes of
this deposition, the document itself, according to the confidential order we have,
right right. Yeah, I don't know if I need to say that or
not. You probably already knew it. Tell me the data and this is
October. It says October twelfth of two thousand and nine. There's a signature
pace that has your signature. It's got Dixie Carter's signature on it. It's
got a signature I think for Eric Eric Bischoff's signature. Is that correct?
Do you see that? Well, let me get back to it and find
out what's on there. Yeah, okay, And you know when mister Blair
did negotiate, When mister Blair did negotiations with TNA, first start, if
you recall when, yes, sir, probably three or four years before,
okay, whenever there was a match in Japan. Yeah, it could have
been two or three years before. And then there was a match in Japan
with a GNA Jo and I was wrestling. I was there wrestling him,
and at the time one of the owners of the company, Jeff Jarrett,
came over there and shot a wrestling angle where he attacked me over there in
Japan. And it was during that time frame when I first started talking to
TNA. Okay, So I mean, did those negotiations kind of continue through
the years and ultimately culminated this agreement right here? No, Okay, tell
me what happened. Well, they went on back and forth for about a
year, okay, And I was talking to Jeff Jarrett off and on and
just decided the time it wasn't right for me or Hogan knows best, or
whatever I was doing was more important for whatever the reason, I chose not
to pursue it any further after talking with him, okay. And then at
some point did it pick back up again? Yeah? And when would that
have been I don't recall, Okay. Jeff was always reaching out to me.
He wrestled me before, and he was an owner of the company,
part only with the owner of the company, so he would always call out
on a friendly basis and reach out, you know, see if I was
interested. But it was pretty consistent of calls from him. Was he involved
with the TNA at the time you signed this agreement in October nine? Yeah?
I actually started the company, okay. Yeah, way before Dixie Carter
got involved. He's the one that actually originally put the money in and started
this company. So when do you think, if you can guess, himate,
I don't want you to guess, but if you can estimate, when
somebody came to you from TNA or somebody from your side approach TNA in two
thousand and nine to get the ball rolling that eventually resulted in this Exhibit eight.
I couldn't yes, could have been. I mean, do you think
it was a week before the document was signed? No, I wouldn't say
a week. Okay. You know, we we could have been talking on
off and on, you know, and anytime I had anything to go on,
my wife Jeff would call or say hello or ask how I was doing,
you know, so we could have talked. He could have been brought
it you know, we could have been brought it up. I don't know
when we got into hard negotiations, okay, but I mean he could have
been a month or two. I don't even know. But they were always
approaching you. Is that right? You didn't seek them out at some point?
And no, no, no, no, no, They've been asked
me for years. Okay, who handled the negotiations on your behalf with TNA
that you know, talked about all the terms. I'm not going to go
through any of these terms. But was that Eric Bishop and Bishop Hervey Entertainment?
I wouldn't think so. You would not think so, I would not
think so. Okay, do you know who it would have been? No,
there's only two people it could have been. It would either have been
Scott Hervey or Henry Holmes. I don't know. I don't know. I
don't remember when I terminated Hervey and Henry started back. But it had to
be one of those two people, Hervey and the Bishop Hervey Entertainment Television.
That's Jason Hervey. Is that right? Scott's brother? And Eric? Did
you get to know him through your time at w W? Yes? And
are you still well strike that during the period of time that you and Eric
were in business, signing these contracts and negotiating to go to Australia and things
like that, were you social friends with him too? Did you consider him
a friend? Yes? Or was he just a business partner? Oh,
he's a good friend about today? Are you still friends with him? Yes?
So there were some ongoing negotiations for some on some level some period of
time which led to the execution of this December or this October twelfth, two
thousand nine contract. Is that right? Repeat the question. Yeah, So
I think we've established that there were some conversation between your reps and the TENA
reps at some period of time in two thousand and nine which led up to
the October twelfth, two thousand and nine contract. Yeah, there had been.
Yeah, but you don't know strike that. You told me, you
don't know who was talking from your side unless it was Henry or Scott.
What about from the TNA side? Did you know who was handling the negotiations
over your contract on behalf of TNA? Yeah, they had an entertainment I
don't know if he was an entertainment attorney. I don't know what he was
there. Attorney name was Godlake. Okay, and where is he? C
n LA. He's in Malibu, California. Okay. Did you ever sit
and take phone calls on the radio for Bubba the love spun just like a
guest DJ or something like that, I remember, I don't know if it
was if it was at night. I don't know if it was a night
or during the day. He had a radio show, either during the day
or the night I sat in. I want to read you a portion of
one of those calls that's out there, and I think it's on YouTube where
you take a call from a fellow named at Lance in Boston and he asked
you how did you end up being with TNA? And you answered to him
and I'll Abreevie, you can find this, you said. You know,
it was the end of the year last year, and Vince was saying,
maybe you could come make a Monday night Ront Square Garden right up before you
go to Australia. And so at the time, I was talking to Dixie
Carter, you know, once every couple of days, thinking about going there.
And I'd been looking at TNA for three or four years thinking of going
there. But then all of a sudden, the more I watched it,
you know, the more I watched TNA, and the more Bubba got me
into it and started stirring it to a fever. Pitcher's head man, you
know what, I know the story at WW no disrespect. I know where
I'll end up. I know they'll make me the bab ruth of wrestling.
I'll do the whole merchandising deal and that will be great and I'll ride off
into the sunset and there's no disrespect in that. But then when I looked
over to TNA, I saw a whole bunch of energy there. I saw
a young, upstart company, brother and all kind of talent. And after
what I've been through, after the last couple of years, brother, not
only do I need to start my life over, this was like life after
life in the wrestling business. This was a chance for me to keep staying
in the business without being disrespected, to stay in this business and really participate
and basically have this whole other life in the wrestling business. And it's a
new life. It's not just fading into the sunset. I mean, I'm
really involved. I saw a chance to get over there and really get involved.
And Eric Bischoff made me realize how big of a monster vinces. You
know, They've got a show on Monday, which is called Raw, and
then Tuesdays are off, and then Wednesday, Thursday, Friday, Saturday,
Sunday, even on the Spanish stations, all these other shows point to the
main mothership, Monday Night Raw. And I was going, man, wwwwe
is such a big monster. Tena has so much energy into such a young
company. We've got to keep fighting the monster. And Eric just made me
calm down a bit because Randy Orton started in twenty eleven in the WWE the
same time Eric did, and right now Randy is in his prime nine years
later and TNA has only been around about salt and a half years. Brother,
If you put that in perspective, this is where the future is.
I mean, we have a show on right now. We are, as
we are talking called ten a Reaction. It's like a real inside edgy,
look real grainy, look at what really goes on back there. So I
think this is what the future is more wrestling, you know, a young
company. There are a bunch of guys that I don't have to deal with
the Hulk Cogans, I don't have to deal with the Goldbergs, no disrespect
intended. I don't have to deal with the Rock, no disrespect intended.
These guys are there to work. They don't care how big their contracts are.
These guys are laying it all on the line because they know when the
company grows, I'm going to treat people and Dixie Carter is going to treat
people different than anybody else as this company grows. If you guys are on
team Hogan and on team TNA, we are going to make sure all the
boats float. Brother, That's why I went there, and that's why you
went to TNA in two thousand and nine, because you wanted to go with
that company and you didn't want to go with WW. Isn't that true what
you said in the radio? No, sir, okay, explain to me
why what I just read, which is a recording of you on the radio,
is not accurate? Exactly well exactly exactly what not accurate? Why is
it not accurate? As working at TNA, I was on Bubba's show.
Now I'm putting Bubba over, I'm putting TNA over. It was a very
small local wrestling company. It wasn't a big national stage. I'm on TNA's
team. This is entertainment. It's not a It's not factual at all.
It's a radio show, which is entertainment. YEA, much like the you
know the internet that you read that you're reading and get a lot of your
information from. It's not factual. It's just a radio show. You all
say anything make TNA, Bubba or anybody look good. That I'm working with
on the show. It could have been the Louise Hay Show, you know,
and I could have said that the greatest commentator of all time and TENA
is going to be bigger than WWE. So at the time, I had
to do what I had to do to entertain the situation I was in,
which was I was working in TNA. I'm not going to sit there instead
of the WWE is so big and it's such a monster we could never overcome.
So you just have to take it into justice. Entertainment, it's not
factual. Do you doubt what I read was accurate. I'm happy to play
the clip for you if you think I've taken anything out of context or I'm
sure you can read brother. I agree. I think you can probably read
everything accurately. I'm just trying to explain to you that if it's on the
radio, if it's the TV, if it's the newspaper, internet, telephone,
telegraph, tele wrestler, it's not factual, brother, So nothing that
you did in those reality shows was factual. It's all lightly scripted, was
produced. Do you want your fans to know that they know it? They
do? Yeah, anybody that's got a half a brain knows that. But
they know it's entertainment. We tell them. We tell them as an exhibition,
it's entertainment. You know, Vince McMahon just got killed in the limousine.
We blew the car up and he died. Oh this is a little
different. This is radio. I mean, this wasn't a wrestling match.
This was a phone call from a fan of yours who wanted to know why
you were with TNA. Why don't you just tell him, Hey, my
back's messed up. I missed out on my window of opportunity with WW so
I'm going with TNA. Why didn't you just tell him that? Because you
say the high road and you entertain the people. That's what this business is
all about. It's entertaining. So at this time in October November timeframe of
two thousand and nine, when you've had you've had three surgeries by that point
in time with the folks at LSI correct. Wait, if you could show
me a timeline, I can be accurate, but you're probably right, assuming
that I'm right. At this time, you were negotiating a one million dollar
contract with TNA, and you were negotiating with the Condon Sports and entertainment group
for an Australian wrestling tour. Isn't that right? Assuming you're correct? Yes?
Okay? And how much were you supposed to be paid? I know
you've told me you were only paid half. How much were you supposed to
be paid for the wrestling tour in Australia? You know, I don't recall.
I know I only got half the money, whatever the amount was.
In fact, you probably saw in this agreement with TNA that your representatives actually
told TNA that you had entered into a tour agreement with Condon Sports and Entertainment,
and TNA basically said they granted you permission to fulfill that contract. Do
you remember that or do you remember reading that at page four? I think
I went along with it. You know, it was something that was in
the works before this was finalized, okay, And I you know all and
I know that they wanted to participate in Australia. If the tour had been
six would have been successful, all right. And so under Exhibit eight,
the contract with TNA, the miniment was going to pay you was one million
dollars. Do you see that at a compensation on page six? Yes?
And you were guaranteed a minimum of five hundred thousand dollars for talent appearances for
thirty three appearances, and then an additional fifteen thousand dollars for each appearance above
thirty three. Do you see that in the same paragraph. Yes, And
this is money you made in spite of the treatment, as you contend that
LSI. In other words, you were able to realize that amount of money,
that compensation, even while you were undergoing treatment at LSI. Isn't that
correct? Whoh oh, yeah, well, yeah, I stayed Indictionity Carter
was above gracious. You know, she paid me even when I was sitting
at home recovering. All right. There was a mention in this Condon Sports
agreement that there were two additional tours which were contemplated after the two thousand and
nine tour. I take it from what we've talked about, those tours never
happened. No, it was a nightmare. Okay, Now there was no
reason to go back over there. So, mister Boult, if I were
to play for you some footage from Brooks Show where you're on the video saying
I was supposed to be the main event next April with John Cena, but
I backed up because me and Eric have this deal going. You're saying,
if you said that it's just for entertainment purposes, it's not accurate. Well,
it's a high probability it's scripted for entertainment purposes. You know, we're
moving the storyline along for whatever was being contrived at the time. High highly
possible. If you did say something about a deal with Eric going, do
you know what deal you would have been referring to? Excuse me, did
you have a deal going with Eric Bischoff in two thousand and nine or Bishop
Hervey Entertainment? I mean you did, didn't you. We've been We're looking
at this contract with TNA. That's an Eric Bischoff deal, isn't it.
Well, yeah, and we also did a micro championship wrestling deal which was
mentioned in this TNA. That was Bishop Hervey. We also did a celebrity
championship wrestling deal which was part of the Bishop Bishoff Hervey deal. So there's
several ones. And the Australian Conden deal, Yeah, that was that was
one. Also. All right, we've got to take a break. He's
got to change tape. The time is four fifty eight. We're off the
record. Day one concluded at four fifty eight pm. We've decided to break
for the day and we'll reconvene. What time do you all want to get
back together tomorrow? After discussion, it was agreed among all parties present that
the video tape deposition will resume tomorrow, Thursday, July thirty first, two
thousand and fourteen, at nine thirty am.