Ep. 348: 'TNH' Bollea v. Laser Spine (Part 2)
2023-04-21
56 min
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The time is one eighteen. We're back on the record. Continued direct examination by mister Trane. Mister, one question I probably should have asked you at the beginning. Are you taking any medications today that would affect your ability to understand my questions to you and respond as best as you can? No, sir, Let me hand you what I've marked as Exhibit five, Exhibit five, mark for identification, and I apologize to your lawyers. I don't have any extra copies. Take a look at it with him. For the record. That's a document that was produced to us in discovery by TNA. I'll ask her to make a quick copy. Yeah, that's fine. The time is one nineteen. We're off the record. Recess. The time is one twenty one. We're back on the record. So for the record, I've handed mister Bala Exhibit five, which is a total NonStop action wrestling document. Two pages, bates numbered at the bottom TNA zero zero zero one one four and zero zero zero one one five. Continued direct examination by mister Traine. Mister Bala, have you had a chance to look that over? Not completely? Okay? Okay? Is that your signature at the bottom of that first page? Either the signature of applicant or the signature of physician. No, sir, okay? And what about on page two or it says signature of physician? Is that your signature at all? No? Okay. Do you recall being evaluated medically by the folks at TNA in April of two thousand and ten? No? Is he At the top of page one, it says the date of application? What is that date? Well, I can't read the writing. It was like someone wrote a four or seven six ten. Okay. Then out to the right of that it says date of birth August eleventh, fifty three. Is that your date of birth? Yes? And then you went you go by the ring name of Helthhelgan of course. Yes. Do you have an analogy to penicillin? No? Did you have back surgeries times three in two thousand and nine? Meaning did you have three back surgeries in two thousand and nine? Well, I know I started having back surgeries in two thousand and nine. I don't know how many I had exactly. Okay. Do you again, do you have any memory at all of being medically evaluated to be able to participate in wrestling for TNA? No? Do you think it did not happen, Like, did you not actually meet with a physician and be evaluated in order to wrestle or are you just saying it didn't happen or you just don't remember. Well, I don't remember it happening because wrestling is pretty much deregulated and it's not a sport, is it exhibition? You know, And the TNA stuff that I filmed most of the time, it was right in Orlando, and and there's no commission doctor there. Okay, so there's no reason to get a physical because I wasn't, you know, scheduled to wrestle, you know, brother. So if I walked in there and they said, okay, you know, I'll walk out to the ring and throw a punch or you know, swing a chair at somebody or whatever, they said, it wasn't something that was pre planned where you had commissioned doctors there. It was deregulated, and it was entertainment, dude, it was. It was in a theme park, so it wasn't like we were Madison Square Garden, and you know, the commission doctors would come in and check you, even though they knew it wasn't a sport, you know, they would still check you, so they would get their percentage of a house. It was different at the theme park where we filmed. If you look over it, page two, at the time this was filled out, which either you think is a four or six, So either April or June twenty ten, the jury can decide what that is. But were you approximately six feet four inches tall at that time? More or less? Did you weigh about two seventy five more? Yeah? More or less? You know, there were no scales at Universal Weighs, so I don't know where that number came from, you know, But more or less? Do you remember being having your blood pressure taken? No, sir, okay, So you just don't remember either filling this out where it says physical examination, or being asked these questions by a physician and having a physician fill it out. You just don't have any memory of that. Well, I can tell by looking at this I didn't fill it out because it's not my writing, right, yeah, and that's not not my signature. And how I'll have any recollection of being asked these questions by a physician or t or examine a TNA unless it was somewhere else other than TENNA that I don't know about and do you recall every being asked by someone at TNA. Hey, haul, okay, Terry, we need you to go see this doctor. They need to do an exam on you. Yes, I do you do remember that? Yeah? When was that? Well, every once in a while TNA would have, like you know, one of their big pay pay for views. You know, every once in a while TNA would have, like you know, one of their big pay for views, like Bound for Glory in a different city like Dallas or somewhere. And I remember during one of the pay per views they had everyone that had to go, you know, in different states have different laws and whether you wrestled or not, if you're being paid, you have to have a wrestling license. So I remember we were going somewhere where I had to have a wrestling license, and so I had to go get a physical before I went to get a wrestling license. But I don't remember where or when it was. Okay, so this document may be from one of those physicals. You just you don't know, Well, I you know, it's possible. Well, I've never seen the TNA logo on top of anything like this before, so it's possible, though. Okay, you know he could have been, you know, the doctor could have been filling it out. I'd look at the paperwork. It's not my signature. I have no idea. Then down below where it says summary of findings, it looks like whoever filled this out, it's on the second page wrote in their patient reports recent back surgery. However, he has been cleared to participate. Same question. Do you remember having any conversation with the TNA doctor or doctor that you were sent to buy TNA and telling them, yes, I've had a recent back surgery, but I've been cleared for wrestling. Do you remember anything like that? Well, I don't remember being cleared to participate or him though, I don't remember. I don't remember. I just don't recall this at all. Okay, so I guess the same answer where it says down below where that doctor or whoever has filled this out has checked approved for wrestling. You don't remember someone a physician telling you, hey, we're proving you to go wrestle. You need to, you know, tell the folks in New York or Georgia or whoever it might be requiring a wrestling license that you have been approved. You don't have any memory of that. Oh no, I don't remember it. Okay, if I did sign this, I probably wasn't even there because if I would have been there and they asked me to sign it, I would have signed it. But it's not my signature on here, so you know, maybe it was done over the phone, or they just did it to get me a license. I don't know what it is. I've never seen it. Did you ever hear or experience that situation at TNA where they would actually fill out those documents kind of fraudulently so they could get their wrestlers in No, Okay, I think I apologize if I've asked this before. But you know, we've been talking a little bit about the types of wrestling, you know, some of the more physical wrestling that you did maybe earlier in your career. You told us about picking up Andrea the Giant. You know, I know you had very big matches over the years, and physical matches. When do you think was the last time you were in a match, like a main event match where you were doing the leg drops and you were you know, getting tossed out of the ring and you were doing a body slam and things like that where you were really throwing yourself around. Do you know when that might have been? Well, you know, it probably would have been either the last time I worked a pay per view with the WWE against either all Shan, Michaels or Randy you know whatever that was. Or I remember I wrestled the big show of the independent show in Memphis, you know whatever. It probably would have been one of those three. Okay, when I was looking at some of your career, it looked like that Memphis show was two thousand and seven. Is that the best of your recollection? You've got no reason to disagree with that, do you Now. I was in the middle of filming a reality TV show for five or six years, and that was my full time thing, was filming, so I wasn't really wrestling for anybody, so I just rustled occasionally. Yeah, was that the Hogan Knows Best? Show? Yes? How many seasons did that run on VH one? Well, the franchise you'll be between Hogan Knows Best and Brooke Knows Best. I think six or seven seasons, brother, Okay, which doesn't mean six or seven years. I mean it's like six or seven cycles, right, I mean they talk about seasons. I guess I know, Brooke was two seasons and maybe yours was four or five or more I'm or more. I'm not sure. Okay. Yeah, we feel so many back to back things and overlap and specials. You know, I don't know how they package it together. Okay. When you went to see doctor your Rebay and doctor Vale in February of two thousand and nine, so before you came to LSI, did those doctors tell you that a fusion procedure would get you back to doing that type of wrestling that you've been doing in the nineteen nineties in the early two thousands where you were going to be jumping off a rope or body slamming or leg dropping. Did they tell you that a fusion would enable you to do that? You know, they gave me three options and that was definitely one of them, and that's why I agreed to have the fusion. Then, well, I'm talking about before you know you saw them basically, what the same day you came to LSI or the day before you came to LSI, remember that first visit to LSI. Yeah, and I agreed to have the fusion that day before I came to LSI. Okay, with your Riba. You know, I shook hands. You know, we filmed it on camera. Dude. He told me that more My options were this may keep you the way you are, you know, this may make you worse, or this may fix you to where you can keep going get back in the game. And I went, well, I'm out options, you know, and I agreed on the fusion that day. Okay, So your belief was that one of the options that day February twenty fifth or twenty fourth of two thousand and nine, was that if they performed the fusion on you, you might be able to get back in the ring. Do the body slams, do the figure four is, do the leg drops? Be the kind of wrestler you were in nineteen ninety, nineteen ninety five, two thousand and two thousand and five. Well yeah, because I mean, wrestling is an exhibition. It's calculated and you know, and there are real athletes like Peyton Manning and guys like that that have fusions and they go out and performing the Super Bowl. So I figured, if I can have a fusion and it worked, instead of getting really hit or getting my head taken off like those real or getting my head taken off by like those real athletes, that I could probably get back in the ring and do the Hulk Hogan show and and be aggressive and fast and quick and pick people up and slam them. Because when you pick a man up, if you're two hundred pounds, you're not picking up two hundred pounds up. If you're a good wrestler, your weight will turn into forty pounds the way you push yourself on my body. So I figured I could get in there and do that because I've seen all the professional affronts in real sports. In real sports, get fusions and go back to work. And so I guess my question is, did you Rebay and Valet tell you that or is that just something you thought might be possible. No, they gave me three options. Those are the three outcomes, and they said all are possible. That's why I agreed on a fusion that day. And you've been in matches in your career, haven't you where somebody was able to pick you up and throw you out of the ring under the surface below, whether it's concrete or a mat or something like that. Yes, I mean, how are you telling the jury that you thought after this fusion that that was going to be a possibility that somebody would be able to pick you up and throw you out of the ring, land on the table, landing the concrete floor of Madison Square Garden or the Omni in Atlanta, and you wouldn't be able to get up and walk away, and you would be able to get up and walk away without any problem. First off, dude, all things are possible, And I gotta said this was one of the possibilities that I could wrestle at one hundred percent. And you've got to realize wrestling. You need to Maybe that's the wrong word. Maybe I could we if we change the word wrestling, you might understand better. You know, I can perform at this choreographed exhibition, which is not a real sport at the level I performed at before. Sure, But you know, I mean your back is in the condition it's in because of the physical activity you've performed. Whether you call it entertainment or wrestling, it's still physical, right, Well part of it, dude, yeah, yeah, part of it because you know, part of it was because of scoliosis and a lot of other things. Yeah, but you had scoliosis for your entire life, right, Oh, I don't know, I have no idea if you're started midlife or I was born with it. I don't know how that works. Okay. I mean I've seen you on some of the videos on the Hogan Knows Best where you're sort of joking with the doctors. You know, yeah, my back is in bad condition. All that fake wrestling, you know. I mean it's caused you some physical problems over the years, hasn't it. The activity of wrestling, whether you call it wrestling or entertainment, the physical aspect of your job has caused you back problems, knee problems, hip problems. Can we agree on that well, as long as you're taking it from the Hogan Knows Best context, because Hogan Knows Best is entertainment, and stuff can be said there to be, you know something we said, they're a further storyline to over enhance what's really happening. It's not real, you know, it's not like being under oath or you have to tell the truth and when you're doing Hogan Knows Best. If your thumbnail gets smashed or doesn't hurt, you go, oh my god, it's the worst pain I ever had. You know, you just just to advance the storyline. So if you're a friend of Hogan knows Best. I'd rather not take that as fact. Well, we'll talk about that, I mean, in a little bit. But let's go back to the question. Have you suffered physical injuries because of the nature of what you've done your whole career, whether you call it entertainment, whether you call it wrestling, whether you call it fake, this question or the other question. I'm sorry, I'm confused. Now. The other question referred to Hogan knows Best. You didn't like the reference to Hogan knows Best, So I'm taking that out of the question. No, I didn't. I didn't say it him like it. You just said, you're going back to the question. Now you change a question. Brother, I never said I didn't like the question you said. You said, no, I said, I said, it can't be taking as fact. I don't say anything, but I'm liking or disliking. All right, Well, I'm taking it out of the question. I'm not referencing Hogan knows Best. So you're comfortable with the question. Well, so this is a new question. The question is, and I think it's a simple question. Regardless of whether you call wrestling, call it wrestling, whether you call it entertainment, whether you call it fake, whether you call it real. Isn't it true that it's physical activity that has caused injury to your body over the years? Yes, okay, a simple question. Thank you should have been simpler than it turned out to be. But that's probably my fault. So brother, Now we come back and we see doctor Uribe and doctor Valley in December of twenty and ten. You get married on the fourteenth, and then you go back. You go to see them, and you're going to have the surgery done. You got me, You with me on this timeframe. I'm with you. Now, what did they tell you those doctors in twenty ten about what your options are going to be? If you had any conversation at all with them? And I think you've already told me that. Valet said, I told you you were going to come back. He said that to you. Yeah, So what else did they tell you about what was going to happen to you once you had the fusion? What options were you going to What were the options from the fusion? How were you going to be things like that. Well, the first thing we discussed were the new images, and they said my back wasn't a stable as it was before the other surgeries, but we were never we really never discussed what the options were. I've pretty much understood what I was in for. Who told you that the back was not as stable? And did he explain to you why it was his opinion that the back was not as stable as before the surgery? I don't remember what his opinion was, Okay, did either he or doctor Valet other than what we've talked about, did they make any other comments expressing the opinions about the procedures you had at LSI or any of the treatment you had at LSI. Yeah, Well, they were upset because, you know, from what I can remember, you know, they felt I needed a fusion and their opinion laser surgery wouldn't fix the problem. Well, when you say they were upset, were they upset with you for canceling the surgery back in February two thousand and nine, or were they upset with the laser spine folks or both? I have no idea. You know, I think they were upset because my back was in worse shape than it was when I originally agreed to the fusion. It whether it be all the above, or whether it be the father or length of time of surgeries, or whatever cause it to be in worse shape. I think they would have been happier if I would have done it a year and a half earlier than when my back. You know, they said was worse than before, okay, And did they give you any specifics of why they thought it was worse than before? No? Okay, did they tell you that they had to do anything strike that? Did they explain to you before the surgery that they were going to have to do something different in that December two thousand and ten surgery than they were going to do in February of two thousand and nine. I don't recall. After the surgery, did they say to you, you know, Terry, this surgery is more extensive or longer, or more complex because than it would have been back in two thousand and nine. Did they say anything like that to you that you remember? No, I just took longer than they expected. And did they tell you why that was? I don't recall. Okay, how long did the surgery last? And to the best of my recollection, it was between eight and ten hours. Do you know they gave me the wrong anesthesia first the astesiologist and then something happened. I need like an hour break before they could give me the other proper aesthesia. Did they just give you the wrong dose and it didn't put you to sleep? Well, I don't know what it was. Whatever it was, it was something they gave me. I don't know if it made me panic or whatever. It was, like the anti nausea stuff. Okay, did that make me panic? And I had to let the where off. And so when you told me that it was an eight to ten hour surgery, are you including that portion? Yes? Yes? Do you have any information and again I'm not asking anything your lawyers have told you, but do you have any information that had you had the fusion procedure buy them in February of two thousand and nine, it would have taken a shorter time. Do you have any reason to believe that a shorter time? Yeah, it would have been a four hour surgery or a six hour surgery as opposed to an eight to ten hour surgery. Oh, I have no reason to believe that. I mean, as you sit here today, based on conversations you've had with physicians, do you know whether the surgery in two thousand ten would have been any different at all? Than the surgery in February two thousand and nine. If you would have had it in two thousand and nine, I think the outcome would have been the same. I think you always fixed me, So that's why I think the outcome would have been earlier if if I had had it, he would have fixed my back. They fused what from the L two to the L five. Is that your understanding of what they did or do you even know they fused a couple levels? Okay? I mean they didn't come to you in two thousand and ten and say, boy, we only were going to fuse two levels in two thousand and nine, and now we had to do three levels. Because no, no, no, okay. Did doctor Valley or doctor Uribe have any criticisms of what doctor Kapus did for you. There was no criticisms. There was just a different opinion, all right. And the opinion was what the difference was what I don't want to put words in your mouth. Well, you know, the opinion was over the spinal courts stimulator because when I talked to Kafossiles before the surgery, he said, you know, you should leave it off and you should leave it in. Okay, but just in case after the surgery, after the fusion, there's extra backpan and Uruba, I mean veil, you know veil in Euroba. I asked me if I wanted it in or out. They said their opinion was I should take it out during the fusion, right, But but I had been in so much pain, I didn't know what the outcome was going to be. So I left the simulator in. But I didn't need it, and after the fusion, my back didn't hurt. Okay. So you've gone to see two doctors, doctor Caphus on this hand, and doctor's Euribay and valet Are on this hand, and they told you different things about the stimulator. Correct. Yeah, caiphas said leave it in, and your Rebay said, well, why don't we take it out? Right? And you made the decision to leave it in. Right. How long were you in the hospital following that surgery with doctor Uribay A couple of days. Do you remember, mister Balaa, what instructions that they gave you in terms of, you know, how long you had to be on bedrest, but you could lift, how often you could bend over, when you could bend over? All those what we call in the trade of sort of activities of daily living, picking things up, you know, walking to the bathroom. Do you remember anything about the instructions you got from those guys? No, I don't. Do you remember as you sit here today the period of time where you had to sort of convalesce after you got discharged from the hospital. How long that lasted before you felt like you could get up on your feet again? Two days after surgery, I felt I could get up on my feet and my back to hurt. Okay, so you were well strike that. Where did you go after you got discharged from the hospital? I want home? And what home was? What address or what location? It was probably the rental house and Eldorado. Do you know when the first time it was that you traveled, meaning you got in a car, drove over to Orlando, or you got a plane and flew to Orlando, or flew somewhere for an appearance. When was the first time you traveled outside of the clear Water Saint Pete area following the fusion. I don't recall exactly. Okay, is it your testimony to the jury though, that a couple of days after the surgery you were able to get up. You weren't off suffering any pain. Did I hear you say that right? Or did I mishear that? No, that's not how I said it. Okay, I said two days after the surgery, my back felt great. There was no pain. There was no pain. Yeah, there was some record I've seen where there was a note that you were supposed to sit for a deposition in January twenty eleven, a few weeks after the surgery. Do you know what that deposition was supposed to be? As I understand it, your wife's case, your ex wife's case had resolved, and the Graziano case had resolved. What other litigation did you have going on at that time? Do you remember? I can't think of anything at that time that I said somewhere where you actually did you file a defamation type lawsuit agains Linda from making some comments about you? Well, I don't recall that. Okay, where'd you see that? At it? You know, I've looked at so much material, it's hard to know. Yeah, if you if you could show me that stuff, it would it would help me remember, probably help you remember. All right, Yeah, I'll see if we can dig something up, that'd be great. Thank you? Are you saying you just don't remember finding the lawsuit against your ex wife or slander or something like that. No, I mean she went as far as to tell the press and media I was a homosexual. I didn't file a lawsuit as well. I mean, you know, she said a lot of things that were false. I don't recall ever filing a lawsuit against her. I'm not trying to you know, I'm not trying to pry it necessarily. I just, you know, I'm just trying to get an idea of what case it would have been where you had a deposition. No. No, but you have to understand you said you read it somewhere. It could have been the National Enquirer or the Globe or the Internet. All those media sources aren't very accurate. So when you just generally hit me with something like you read it somewhere, it would help me if you could show me so I can at least help you know if it's halfway true or not. Instead of taking as fact, well, I'm looking at a register of civil action where you represented. You are represented by mister Florin in the case if Terry Balia versus Linda Balia case number. Does that ring a Bell. Does that refresh your recollection? She was represented by Joseph Varner and Tampa. Does that refresh your recollection at all? Well? Was that for a defamation case? You? Does it tell you specifics what it is in reference to you that I might help me remember? Well, okay, well if you want to do that, do you ever recall filing any lawsuit against Linda? No, That's why I'm asking for help to remember if you could tell me what it was about. Well, your defamation is just general. I mean, I have no idea she said so much stuff I don't know. It appears that the case was filed December eighth, twenty eleven, so whatever this is right now, you're talking about January of twenty eleven, and your previous question, Well, you interrupted me, so if you let me finish my question. My question was going to be whatever deposition was set in January of two thousand and eleven had nothing to do with this case because it had not been filed yet, because it was filed in December of twenty eleven. Now I'm really confused. Okay, Yeah, I don't have a clue what you're asking me. All right, So the case you're asking about it's not this case that you just pulled up that you're telling me about defamation. What I'm trying to do, mister Balaya, I'm trying to find out. My answer is, I don't remember any other or But since you referred to that one, dude, you made me think that's the case you're referring to. You don't you don't remember there being a deposition set sometime in January twenty eleven that you had David Houston write a letter saying you couldn't sit for the deposition. No, I don't recall that, you know, No, I don't. Okay? What was And again, I'm just trying to get to the bottom of this if we can. The Gawker media lawsuit? Was that going on at the time? And Jenerate eleven? Do you know not our recall? Okay? Did that all that situation come after your fusion surgery or before your fusion surgery to the best of my recollection. After David Houston is one of your lawyers? Yes, okay? And where's mister Houston located? Reno, Nevada. So you didn't instruct, to your knowledge, mister Houston to write a letter getting you out of a deposition because of your back condition. You didn't instruct him to do that, did you. That would be a turning client privileged, So we're not going to talk about what he and mister Houston talked about. Well, it's a record in the USF Health records. That may be. But when you're asking about what he may have instructed his lawyer, his lawyer instructed him, that's privileged. He's not going to answer. Well, if there's an email from David Houston to USF Health and the USF Health records that says, to whom it may concerned, because of mister balais detailed and complex surgical procedure, he cannot sit for a deposition. I mean that would be wrong because you weren't in any pain in Januate two thousand and eleven, were you well? What I said earlier was that after the back surgery, my back felt great two days afterwards. So, to the best of my recollection, I was probably still in the hospital when I felt great. I never said that I could sit up for a twelve hour deposition. Did you continue to see MC doctor Cafis after you had the surgery with Uribay and Valley? Yes? And do you know how many times you continued to see him. I don't have any idea. Did he give you any injections after that that I recall? Do you know now that we're sitting here talking about this deposition that was scheduled in January twenty eleven, do you recall being deposed in any case in February or March two thousand? Don't recall other than well, I don't. I book don't know that you've identified any depositions that you recall taking. Are there any depositions you recall giving as we see it here today that I recall giving. Sitting in a room being asked questions like we're doing here today with a court reporter. Do you recall any other depositions? I've asked you about the Graziano matter and the dissolution. No, and you said you don't recall whether you were deposed in those cases. Is there any deposition you do remember giving? Are you talking about in his whole life? Yeah? Well, I mean, let's say nineteen ninety fourward, how about that last twenty years? Fifteen years? I don't care you pick, well, I think you need to pick. Is it fifteen or twenty? Sure? If he can't remember Graziano. He's not going to remember fifteen or twenty, all right, all right, so the last fifteen years since nineteen ninety nine, any depositions that he recalls sitting for setting for? Yeah? Well, yeah, I mean yeah, I took a deposition probably, or did a deposition or like you said, gave one probably three or four weeks ago in the Gawker case. Who took your deposition in that case? Do you remember the attorney's name? No? The Gawker lawyers whoever they are, all right? And who's representing you in that case? Charles Harder and David Houston? Is that deposition video taped? Tala? Yes? Okay? Is there a trial date said? In that case? Do you know not? To my knowledge, I understand the proceedings in that case. There was a district court opinion that came down to adverse to your position recently. Were you aware of that? No? Okay, you had I think your lawyers had sued to enjoin Gaker from showing this video. Is that kind of your understanding of one of your claims in that matter? Or is that something you've left to the lawyers now? I understand that they try to get them to show to stop showing the video, and do you have an understanding of what the court's ruled with regard to that. No, But because the deposition took place, I guess I can assume that case is still going forward. You're still in litigation in that case, yes, and you're also seeking monetary damages in that case. Yes. Okay. Other than that deposition three to four weeks ago, do you recall any other depositions that you've given in the last fifteen years? Well, I remember in the divorce getting deposed by Ray Rafool. Can you spell that last name for me if you know? I have no idea Ray Rafool, he's in Miami, he's out of Miami. A couple of years before then. I remember getting deposed by a j Ronco, who is another one for many divorce lawyers. I can't think of anyone else. In the deposition you gave three or four weeks ago. Were you asked any questions about your medical condition? Not that I recall. Are you paying legal fees to mister Harder in that case or are they being paid by some other source. I think that's privileged information. He's not going to answer that. I disagree his financial condition is in question in this lawsuit? Well, you need to read the lawsuit to see what the claims in this lawsuit are for you can bring it up with the judge. Are you instructing him not to answer? I'm instructing him not to answer. Okay, you're following your attorney's advice not to answer questions about the legal fees in the Gawker lawsuit. Yes, sir, Other than this case which you filed against our clients and the Gawker lawsuit, do you have any other lawsuits going on in your behalf right now? Yes? What are the other ones? There's one against seven then for doing a hulk Hogan mustache straw and using my name without asking my approval? Serious business, dude? Have you given a dead position in that case? Is one scheduled in that case? Who was representing you in that case? I don't know. David Houston hired a lawyer or I'm not sure you know Charles Harder hired a lawyer. You know, it's something that came up. You know they made me aware of. Is that case pending in Florida or another state? Do you know? I have no idea? Okay? Any other lawsuits going on right now, mister Balaiah, Not that I know of at this time. So we've discussed all the depositions you set for given in the last fifteen years that you can recall this time. True. Yeah, I'm sure that there are others. I just don't remember them. You know. I know there were depositions in the Raziano case. I just can't remember them. There was so much carnage going on with that legal stuff. I don't remember if I was sitting in on or answering or what and where. There were so many things going on. I just can't remember the specific Do you play golf, mister Balaya? No, What do you remember as best you can recall? Following doctor your rebay surgery, how soon was it that you were able to get back into the gym and lift ways, walking the treadmill, things like that. I don't recall exactly. I can only guess. Well, I don't want you to guess, well, then I don't recall that, Okay. If you could estimate, I mean, was it January, was it June? Was it a year or something that wasn't a year? You know, if I had to estimate, it would have been a couple of months before they said I could do stuff with my arms. Okay. You know I keep asking this question, you keep giving me the same answer. I have no reason to think it would be different. But when you went to see doctor your Rebay and doctor Valet after the surgery, I mean you would always be honest and tell him accurately and truthfully what was going on with you. Isn't that right? Yes? Okay? Now it looks like from doctor Kaphus's records that you came back to see him. Well, strike that. Let me ask you this. In the period of time from January to June twenty eleven, you were continuing to see doctor Caphus, according to his records. Do you have any reason to disagree with that? No? Okay, And it looks like that he was prescribing for you OxyContin occasionally. Do you remember that? Yes? Were you discussing with doctors Uribay and Valet the fact that you were getting oxycontent from doctor Kaphus. Did Euribae in Valley know that? Oh? I don't know if they did or not. Where is infinite Vitality? Where is that office located? Well? Ask in Clearwater on nineteen the highway on in Clearwater North clear Water. Okay, and it looks like there was a doctor Wolfstein that you saw there. Yes, okay. Do you still see doctor Woolstein and infinite vitality. Yes, he's got a record from April of two thousand eleven where you would scheduled an exam with him, but you were out of the country and unable to visit and unavailable to visit. Do you remember where you were in April of twenty eleven out of the country, No, I don't, okay. Then when you came back in May, you went to see doctor Caphus and you reported that you were doing well and the meds were decreased and allowing you to work. Were you working for TNA still in May of twenty eleven do you know? Yes? Okay. The next month you go back to doctor Caphus and there's a note in his records where you reported you were working longer hours. So let's talk about that work. When did you think you were able to get back to work for TNA for the first time after that surgery? Was it in January of twenty eleven? Was it February March after which surgery after the fusion surgery, And the question is when did you go back to work? As soon as possible? Okay, as soon as possible could be the next next day, it could be the next year. Do you know what month? It was a few months, a few months, a few months, or I could go back. The fusion seemed to straighten me up pain wise pretty quickly. And it was the short side of four to six months. You know it wasn't you know it was it wasn't the shorter side of six months. It wasn't it just it just seemed to fix my back problems, did you. I mean, the way I'm reading this, and I don't want to put words in my mouth, so you tell me if I'm wrong. But the way I'm reading this is you were reporting to Kapus that as the days and weeks went by after the fusion surgery, you were able to work longer hours. Is that inaccurate reading of his records? That's accurate? Yes, okay, but you were still not in the wrestling ring doing the type of physical body slam, leg drop, high knee kick, you know, shoulder press, all that type of stuff. You weren't doing that type of wrestling, were you. Oh no, it wasn't per contracted TNA. I didn't make any extra money to wrestle. That's why I never did any of the high impact stuff after the surgery. Well did you have that opportunity? I mean, did Dixie come to you and say, hey, you know, we want you out there, you know, wrestling the Abyss or Jeff Hardy or Jeff Jarrett or whoever. You know, we want you in there doing the body slams and all the moves. Could you do that physically? Did you ever have that conversation with Dixie? No, we never did because I wasn't an option, you know, it was I was being paid to be a talking head. You know, minimum physicality, So no main event wrestling. Like I tried to explain you before, but it didn't make any any sense to go out and jump off the top rope after the back fusion, because I would have you know, I wouldn't have made any more money. You know, they had no budget. They were skinning bones and it just you know, there was no upside to being in the main event twenty to thirty minute match. You know, I wouldn't have made more any more money. Have you ever wrestled like that? The main event type wrestling where you're in there and you're in the figure four a leglock, you're in a headlock, you're doing the knee lifts, You're you know, doing a leg drop. Have you ever done that since the fusion surgery in December of twenty ten? No? Wow, this guy knows his wrestling terms. I'm from Atlanta. I grew up watching Flair. He's won a Minnesota wrecking crew. Oh my god, stop it, dude, mister wrestling one and two. Come on, you don't know these guys. Have you since this fusion surgery, mister Balaya, have you had any more steroid or facet injections? No? Have you since the fusion surgery been seen by a chiropractor? See my chiropractor, be examined and manipulated by a chiropractor? No? Okay? Have you since the fusion surgery have you had to have other than what we've talked about with doctor Kaphus giving you, you know, pain medications. Have you had to receive any type of conservative pain relief measures for your back since December twenty ten? No? Not for my back. Okay. I asked you a little while ago if you were on any medications that would affect your ability to answer my questions, and you were kind enough to tell me, no, are you on any pain medications at all today? I mean, are you taking any pain medications on a regular basis. I've not taken any today, okay, but on a regular basis, I am okay, And what are you taking? You know, during the period of I guess I need to line backwards. You know. You know, both of my parents before they passed away, their hands were crippled like like I'm like in a movie, you know, their fingers were twisted up, and they told me that I wouldn't inherit this arthritis from them, and before they pass away, I didn't believe it. Well, somewhere along the line, and it has come on pretty strong to where I can't, you know, straighten my elbows out all the way. I can't lean on something and push away unless I lean all the way in and get away from it. So somewhere along the line, during the back surgeries and whenever this was going on along the line, or maybe it was after the back surgeries, I don't know, but you know, there's been this onslaught of arthritis in my pans and my feet, and I, you know, and I had a bone scan done. I couldn't figure out why my toes hurt so bad, so I guess they're full of arthritis. But Kfabe is helping me. Would the arthritis in my hands? My feet? Dude? Is anyone prescribing you any pain medication that you either take on a regular basis or as needed for back pain, for low back pain? No? Okay? Did doctor Kapus order the bone scan? I don't recall who order? Okay? And one was the bone scan done approximately well then last year? Okay? Did I mean? I think what I hear you're saying is what. Let me strike that and ask you this. Are you satisfied with the results that you had as a result of that fusion surgery? Yes? For my back? Did doctor your Rebay or doctor Valley tell you that any point we're happy with the surgery. It was a successful surgery. You appear to be doing well. Have you had that conversation with them? Yes? And Valet or your Rebey never said to you, Did they that your back was too unstable for them to operate on? They never said that, did they? Now? They never said it was too unstable to operate on. They just said it wasn't as stable as it was the first time I went and said I wanted the fusion. Huh, tell me, does Jennifer work outside the home right now? No, she doesn't, Okay. At the time that you were seeing my clients, our clients at Laser Spine Institute, she working outside the home. No, okay. I think she came with you to some of the visits to Laser Spine, Yes, just as their schedule permitted, I guess. Or did she Yeah? She gain him most of them. Okay, you've listened her as a witness in this case, our lawyers have or your lawyers have. Do you know whether Jennifer had any conversations with my clients at Laser Spine that you would not have known about or been a party two? I mean, and I'm not talking, mister Balay about you know, you're in the surgery room and she passes them in the hallway. I'm talking about do you know if there's any lengthy telephone call where she talked to them about what was going on with you and then came back and told you, Hey, I just talked to the doctor or anything like that. Not to my knowledge. No, has she related anything to you that was said by any of the physicians at LSI that caused you any concern. I mean, we lawyers talk about admissions. Did she ever come to you and say, well, doctor Ze told me that this wouldn't work, or doctor Saint Louis told me, you know, we're never going to be able to fix him, anything like that from Jennifer from the physician. Yeah, that the physicians told her, and then she told you not that I recall, okay, And I'm really trying to find out. I don't want to go around deposing people that don't need to be deposed. And I don't know what she knows. Does she know any more about this than what you know? Or was she just there to give you support and things like that? You know, she was there with me. I don't think she's got any other knowledge than when what we mutually learned together, when we went the first day and when we visited. You know, she was there when I met Berserker in the hallway when we were devastated. I mean, when Saint Louis and you know, we're done with you, we can't help you. You know, she was there that day when I felt like my whole world dropped out because I didn't know even know where to go at the moment. And then then when we walked out of the hall, in the hallway there was this tan, young looking doctor, you know, who was a wrestling fan. First, I guess, and he and asked me what was wrong, and I told him, you know, that we had three surgeries, and Saint Louis said he can't help us. He said, well, you know, let me look at the films. And that's when Berserky goes, well, I can help you. I just fixed a priest in Montreal that had the same problem. I was like, well, there is a god in heaven, you know. So so she was there for that, Okay, I mean the first one, Bess, Reckie, don't. I don't really remember going there by myself without her, you know. The only memorable ones were those couple days where we had either real good news or bad news or good news. And obviously she would know about your how you were doing when you were at home after these surgeries. Oh yeah, how the recovery was. Oh yeah? Were you two pretty much together all the time, say, from your first visit LSI up until the fusion surgery. Well, obviously you got married before the fusion surgery. But were you all living together at that time two thousand and nine? Yes, okay, was there any Was there any period of time, a significant period of time like a month where you two were apart during those two years? No? Did you ever have any episodes of back pain low back pain again after the fusion surgery in December twenty and ten off that I can recall? Yeah, I know, there was like a settling in period, you know, where it was not intense lower back pain like I had before, but it was a twine here and a twins there. But it kept getting better every day, as you said here right now. Are you in any back pain in your lower back? No? None at all. My questions are so easy that you're just not in any pain. Roller. There's a note from doctor Caphis in February of twenty twelve that you told him that you had eighty percent pain relief in your low back with medications, but that the weight training triggered the pain and that exertion activity triggered the pain. Do you remember having that in early twenty twelve? No, I don't. Is it your testimony that you were able to engage in weight training and exerting yourself as much as you want without incurring any low back pain. No, not at all. Okay. After the surgery, they told me I could go back to training with weights, you know, but there were certain exercises that you can't do, and that was pretty much it. What exercises have you been told by your rebay in vallet that you just cannot do because you've got a low back fusion? Yeah? Way on my back, if squatting, military presses, behind the neck presses, any of that. Top of stuff. Okay. Do you still work out today? Yes? Every day? Do you lift weights every day? No? I mean any time you work out. Do you lift weights? Yes? And what is your general work program? Chest, arms, leg, shoulders? Do you follow some kind of program or regimen? Yeah? I trained body parts, you know, two body parts are dead. Okay, where do you train? You can have my house or to Jim, you know, which is a block down the street. What's the name of that gym? We's change a couple of times. I think it's Beach Fitness. Now you're one of the restaurants. You're one of the old timers. Luke Bushwhacker. Do you have a trainer? No? Do you have any workout partner that you trained with occasionally, well, you know, once in a while, I'll train with Luke or whoever wants to jump in. But there's no one person, no set schedule or anything. No. I usually train myself, but there's someone there, I'll work out with them. Okay, what else do you do sort of on a day to day basis? You go to the gym, you spend time with your wife. What else do you all do for pleasure? Travel? No, work in your garden? What do you do for pleasure? For travel? For pleasure? You know, we both enjoy the beach, and we both enjoy working out because usually trains the same time I do. Yea, I haven't at that made days off for a long time because I do things. I do other things other than wrestling or work with a WWE. I have a restaurant, a bar in Tampa. I've got a beat shop in clear Water, which is a constant circus with the employees and everything. And then I have a sports agent that books me. I could work every weekend if I wanted to. What is his name, Darren Prince? Okay, do you feel like today as we're talking today, is there anything on a physical level that you feel you cannot do because of the treatment you underwent at LSI. Excuse me, Is there anything physically and I'm talking about boating or fishing, or golfing or tennis or lifting weights, whatever physical activity you want to plug in there? And I mean this to be in the broadest sense, that you just cannot do. You think because of the treatment you had at Laser Spine Institute. Well, there's nothing I can do because of the fusion. But because of LSI all those things I couldn't do. You know, when I left LSI was in bad shape. I couldn't do anything. Okay, So your testimony to the jury if you could do anything you wanted on Ferbry, twenty fourth, two thousand and nine, and then you went to LSI and you couldn't do any of those things after being seen LSI. Well I didn't say that, Okay. What things could you not do because of LSI on a physical level? What's the date now we're talking about before anytime any time that he well, could you repeat your he's a original question. I'm very confused now. I'm confused in your question too. What shall I no no no object to form? What can you answer the question? I can't remember the question? Due, all right? Is there anything physically that you could do before showing up at the doors of LSI that you then because of something they did or didn't do for you, that you then couldn't do? I mean, it's a pretty simple question, and I don't care if you tell me it was after the first surgery, the second, or the third surgery. You can pick any time period before I came to LSI. I had wrestled for thirty years before I came to LSI. I made movies, action movies. There was a ton of stuff I did before I came to LSI over the years. Okay, And your contention in this lawsuit is you could no longer do any of those things that you did for thirty years because of what the doctors did to you at LSI. That's your testimony. That's all the contention of my lawsuit at all. Okay, So what is it? What I want to know is when we go to a jury in this case, are you going to sit up on the witness stand and tell the jury I was able to do a leg drop before coming to LSI, and because of what they did to me, I can't do a leg drop and I can do a figure four and I can't drop off the top rope. Is that going to be your testimony? Not at all. Have you read the lawsuit that we filed the allegations, mister Floren? If you want to object, it's a discovery deposition. Okay, come on, you know better than that. You need to clarify the time that you're talking about. And if it's not in the lawsuit, it's not relevant. I don't think things in the lawsuit are relevant, mister Floren. And every time I ask about a lawsuit, the plaintiff's lawyer jumps in and says, oh, that's not his contention. I drafted the lawsuit. It's a discovery deposition, sir. When we go to a jury, are you going to tell the jury that there's parts of your wrestling activity that they prevent you from doing from their treatment of you? Is that what your contention is in this lawsuit? If it's not, say no, are you talking about today? No, I'm talking about a jury that we and paneled a month ago. Will come on, are you talking about things he can't do today? What's the time that you're talking about? The witness is just testified under oath that he did things for thirty years and then he couldn't do them because of the treatment at LSI. No, he testified, that's exactly what he testified. Well, that's not what I said at all, dude, he testified after the fusion he could do them. And that's why the time is important. I don't know what you're You've got to put a time when could you or could you not do things? Based on LSI. You've got to put are you talking about today because he's already testified to after the fusion that he can do everything. Are you talking about before he went to LSI in that month or after the first surgery. It's just the question is so overbroad it's unanswerable. Are you finished instructing coaching? I object to form you're coaching. I agree, you're coaching. It's overbroad. You're coaching. Now, you're engaging him. We're going to go in front of the judge in a little bit, and you guys are going to pay for us to come back down here because this is really you have now spoken more times and put more words on the record than we did in four depositions. Whatever you want to do that you feel you need to do, do it. I will. I'd like to get through the deposition without you. Now, you know, interruption. If you don't understand my question, mister Balaia, all I've got to say is I don't understand you. All you've got to say is I don't understand your question, and I'm happy to try to repeat it so you and I are on the same page. That's all I'm trying to do. Well. I try to answer your original question, and then you mistated what I said. You asked me if there's there anything before I went to LSI that I could do, and I took you back to the beginning of time, you know, from my youth, all the way through my career, all the stuff that I could do. I answered your question, and then you changed my answer. You said, well, what you're saying is that LSI stopped you from doing the light drop. I've never said that Elisi started from doing my money of that. That's why you said, dude, Okay, well, I'm sorry if I misstated what your previous testimony is. My question to you, since we've had all these interruptions, is is their physical activity today? And I mean that that brought us sense. Whether it's gardening, whether it's surfing, whether it's golf, whether it's wrestling, is their physical activity that you cannot do today because of what the doctors did to you at LSI. If I didn't have the fusion, I couldn't have done anything today. What else I did to me? The dad walked out of there. As that last surgery with the Breserker, I couldn't garden, I couldn't walk, I couldn't wrestle. I couldn't jump out of airplanes. I couldn't body slack. I couldn't body slam giants. I couldn't walk around the block with my dogs. Then I had the fusion and the life became better. Okay, but my contention in this case is not to say LSI stopped me from the leg drop. Dude. Okay, well tell me then, what is the contention you have in this case? Basically the contention is, on the same day I agree to have a fusion and I talked to veil in a REBA and they said, have you tried every single option? There is massage, radio frequency, facet injections, acupuncture. If you've tried every option you have, you need to try every option you have before you had a fusion, because it can keep you the same, it can be worse, or it can even make you better. Dude, I said, I've tried every option I have shook his hand. I actually filmed it on camera, and I'm gonna have the fusion. When I walked. When I leave, Steve Chapman calls me, says, stop by LSI. I walked in LSI because my pictures and Saint Louis and all the other people that looked at my films and said, you do not need a fusion. We can fix you. So my contention in this case is if I would have had the fusion and I hadn't been talked out of it by LSI, then I would have had the fusion. Yea, I would have been I would have been back to work with Vince McMahon, who was negotiating with at the time, to go back and work to pay per views and do a twenty five year deal with him. It started out to be a twenty year deal ended up being a twenty five year deal is what we talked about. And I wouldn't have missed that window. But because the LSI didn't fix me and They kept stringing me out and I had surgery after surgery over you know whatever. It was year and a half time frame. My window of opportunity was missed. And by the time I had a fusion and got back on my feet, that bust had already left the station with a WWE and that long time contract. I had the opportunity of getting brother. You agree then, that your motivation and going to LSI in February of two thousand and nine was because your friend Steve Chapman told you to stop by there and talk to them. Correct, It was another option, dude. You know, they were supposedly professionals, and they would tell me the truth whether they had an option that would avoid me from getting a fusion, and they told me I didn't need a fusion. I was like, yeah, there is a god in heaven. You know when a professional doctor looks at you and he says, at least looking at your films, and he stares you right in your face and he says, you do not need a fusion. We can fix you. I mean, what would you do? Well? You agree with me though that Steve Chapman was the one who directed you to LSI. Isn't that right. Oh well, he told he told me about the place. I had no idea. Did you know about it? No, I'd never heard of laser's urgery before. I didn't even know anything about it. He just told me that there was a place that these guys have minimum invasive surgery and these guys are, you know, doing great. It's another option to entertain. How is Todd Farmer involved in all that? Well, yeah, he was a guy I was working out with at the time, you know, and he had a fusion for or a couple of back surgeries, and he was kind of going and listening when I would talk to these doctors, you know, from Marino and there was another doctor before I can't remember his name. We had we had went to two or three different ones, including Veil in Ariba, and that all said I needed a fusion, and Todd was kind of like hanging out with me, and we were friends, and he was kind of like being on another set of ears. Because I avoided back surgeries for so long, I just you know, he he he seemed to know a lot about it. How long had you avoided the back surgery, the fusion surgery, Well, everything seemed to be working. You know, so it wasn't so much. Maybe I'm Asa spoke. I really wasn't avoiding it. I really didn't need it, you know, because over the years the facet injections and the radio frequency would calm things down. So I mean the first fastt injections I had lasted over a year and there's no problem at all, you know. And then as a years when you know, when bye and the time spang got shorter. So I guess I did misspeak. I wasn't avoiding the surgery. I just never had the challenge of it being my face. Did Todd Farmer go with you d LSI that first day? Yes? Was that film to your knowledge on one of the reality shows your interaction to LSI that first day. It's the best of my knowledge. No, I think the cameras were at the end. Were at the end of the day, and it was an overtime thing, okay. And our last appointment was usf Ariba and Veil, So I said goodbye to everybody and we filmed everything, did a sit and lit where I said goodbye and they left. I thought the day was over until I got in the car and got the phone call. I'm Steve Chapman, Right, Okay, you mentioned a little bit ago, and I don't know if we need to rewind the tape. It seemed to me that you said I talked to Steve Chapman, and he told me about these supposed you put little air quotes supposed professionals. Do you have any reason to believe that these gentlemen who treated you for a year and a half or a little longer than that are not professionals or was that just a term you were using. Oh, this is a term, okay. I mean, I just it took some of the wind out of my sales when they said they could fix me, and that after six surgeries. I was getting them back and forth, you know, you know, Saint Louis said, you know, we're done with you, there's nothing we can do for you. Then Breski says I can fix you. You know, I didn't realize there was going to be a surgery, and four weeks later or six weeks later, or whatever the timeframe was, I never got a chance to get back on my feet. And it was pretty much I was pretty much overwhelmed with so many surgeries, and I just, you know, I thought these guys were professionals I could fix me. It turns out everything they told me that that they could fix it wasn't true. Do you have reason to believe when they told you at the beginning that they could help you, that they were not being honest with you? Was that your testimony? Did I say that? Well? I don't know. Well, if I didn't say this on my testimony, I'm trying to figure out what your testimony is. You said that they told you they could fix you and that and then they couldn't, and then they couldn't. I said, that's my testimony. And do you think that that was a misrepresentation that they told you they could fix you? Awesome possibility that it could be. Like I said, there are a lot of possibilities. You know. That's a good point. You wrought up. What would be what would be the Do you know of any motivation for these doctors to tell you in February that they can fix you knowing they couldn't. What would be the motivation? If you know, I can only speculate. I don't know for sure. Well we've got a few hours speculate away. Publicity fixing Hulk Hogan high profile, millions and millions of built in fan base, you know, built in followers. You know, if we Felix Hulk Hogan, the whole world's gonna know about it. Yeah, it could have been any of the above. That's just speculating. Okay, So is that something you feel might be possibility now or did you feel that way back then as you were going through all this treatment with doctor St. Louis and doctor Scott and doctor Gruber and then doctor Breski. Did you feel during any of these visits that you know, maybe these guys were not in it for your health, they were in it for something else. Never never felt that way. When did you first come to that sort of opinion that that might be the case that these guys had caused you to miss this window of opportunity that you had. Do you remember when that was Well, those are two different things that you're talking about. You're talking about publicity or window of opportunity. I'm asking you, I just reseate the I'm sorry, I didn't understand. 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 when is it that you first felt that way? Well, I had faith in them all along, through all the surgeries, and even when I got to the fifth surgery, I still believed in Brewski dude, you know, because he kept telling me he could fix me and just need one more. You know, I was just so in the process. I didn't realize that this was totally crazy, how so many injections, so many surgeries and such a short timeframe. You know, I was. I was so in the moment with these guys on the team, thinking that they could fix me, that after the sixth surgery, well, I wasn't any better. I knew I was in trouble. But then it was later down the line, months or I can't even remember time frame. My attorney, David Houston called me and told me I was on their website and being advertised, you know, like thanks for getting me back on my feet or back on track. You know, when they didn't well, you know, when they knew they didn't help me. Ash remember signing a picture for them and eight by ten picture, you know, and all of a sudden, my attorney calls me and he says, you know, I'm on their website and they're using me as an endorsement. You know, when they knew after six surgeries they didn't help me at all, and I was in horrible shape, but they all of a sudden had my life as an image promoting how great they were, and they got then they got me on track. You know when I then I realized that, you know, there was a flamy ointment. Okay, we've been going awhile. Why don't we take a little break. The time is two thirty nine. We're off the record.
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