Friday, October 20, 2017

NY State Appeals Court Affirms Dismissal of Claims in Mago Suit

In an opinion issued earlier this week, the New York State Appellate Division, Second Department, affirmed the dismissal of certain claims in boxer Magomed Abdusalamov’s ("Mago") suit accusing ringside doctors and the promoter of the event of responsibility for his injuries following his 2013 bout with Mike Perez at Madison Square Garden.

Regarding the lack of informed consent claim against the four ringside doctor defendants (Anthony Curreri, Osric King, Avery Browne and Gerard Varlotta), the panel held that this claim was properly dismissed by the trial judge. The panel stated that New York law requires the plaintiff to allege there was "some unconsented-to affirmative violation of the plaintiff’s physical integrity (citation omitted).  As the plaintiffs made no allegation that the defendants, in purportedly failing to prevent, diagnose, and treat the injuries [Mago] allegedly sustained during the boxing match, invaded his bodily integrity, the Supreme Court properly directed dismissal of the plaintiffs’ second cause of action to the extent it sought recovery on the basis of lack of informed consent.”

The panel further affirmed the dismissal of derivative causes of action asserted by Mago’s wife on behalf of their three children.

Mago's family had also brought claims for punitive damages against the ringside doctors and promoter K2 Promotions, but the panel affirmed the lower court's dismissal as the claims did not "constitute gross recklessness or intentional, wanton or malicious conduct . . . or are activated by evil or reprehensible motives."  The panel held that the claims alleged nothing more than mere negligence.

As reported last month, the State of New York and certain officials of the New York State Athletic Commission settled with Mago for $22 Million.

See the Second Department's opinion below:

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Official Boxing Esq. World Boxing Ratings - March 2020

Presenting the March 2020 Boxing Esq. World Boxing Ratings: