DiBella, Headbangers dismissed from Prichard Colon lawsuit

By Scott Shaffer

02/05/2019

DiBella, Headbangers dismissed from Prichard Colon lawsuit

As reported on Wednesday by Kurt Emhoff's Boxing Esq. podcast, promoters DiBella Entertainment and Headbangers, Inc. have been dismissed from a Virginia lawsuit brought on behalf of Prichard Colon, a Puerto Rican boxer who sustained permanent serious brain injuries in a 2015 boxing match vs. Terrell Williams. The facts behind the lawsuit are heartbreaking. During the fight, Colon was hit in the back of the head by Williams several times. After several of these hits, Colon began to experience dizziness and headache. Dr. Richard Ashby, also named as a defendant in the lawsuit, was the ringside physician. He examined Colon but allowed Colon to continue the fight. Shortly after the fight ended, Colon collapsed and became unconscious. He was taken to Inova Fairfax Hospital in Virginia, where he was diagnosed with a large left-side hematoma. Colon received emergency surgery, but never regained consciousness. Over three years later, he remains in a persistent vegetative state with only slight improvements.

Despite the legal victory for his company, Lou DiBella was not celebrating the ruling. "This is not a happy day for me," said DiBella. "I still feel terribly for the Colon family because I know they are suffering. Prichared requires full-time care, and I pray for him and hope for the best."   

Colon’s parents and legal guardian, Sean Bogle, filed the lawsuit on Colon’s behalf against four defendants: DiBella Entertainment (“DBE”), Headbangers, Inc. (a company identified as an event promoter by Colon's attorneys), Dr. Ashby and Family Practice Medical Services, P.C., Dr. Ashby’s medical practice at the time of the fight.

The lawsuit argued that the defendants are liable for failure to provide adequate medical care, failure to hire a qualified ringside physician, and failing to have adequate brain injury protocols. All defendants except for Dr. Ashby have filed motions to dismiss. The decision addressed only the DBE and Headbangers motions, so the lawsuit will continue against Dr. Ashby. 

Under the contract between Prichard Colon and DBE, the fight was required to be conducted in accordance with the Commonwealth of Virginia’s Professional Boxing and Wrestling Event Regulations.
 
The court ruled that under the regulations, promoters are responsible for duties such as procuring the proper license, finding a properly-equipped venue, and arranging for an ambulance to be present. "Event promoters are not responsible for the manner in which in-ring events are conducted; that is the responsibility of event officials, such as the referee. Furthermore, the Virginia Department of Professional and Occupational Regulation, not the promoter, selects all event officials. The ringside physician is considered an “event official” under the Regulations, and therefore is selected solely by the Department, not the event promoter. The Regulations are clear that event promoters, such as DBE and Headbangers, are not responsible for ringside protocols or the hiring of a ringside physician. Both of these duties are entirely the responsibility of the Department.
 
The court ruled that DBE and Headbangers cannot be held responsible for breach of a duty they did not possess. They were dismissed from the case.
 
DiBella agreed with the ruling, telling Boxingtalk, "I had no say in the decisions or actions of the commisison, the doctor pr any other official.  Nothing I could have said or done would have changed anything. But right now, I still feel terrible for Prichard."
 
 
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