dr christopher amann v. cm punk & colt cabana

15
8/19/2019 Dr Christopher Amann v. CM Punk & Colt Cabana http://slidepdf.com/reader/full/dr-christopher-amann-v-cm-punk-colt-cabana 1/15 IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS COUNTY DEPARTMENT LAW DIVISION CHRISTOPHER M. AMANN, Plaintiff, v. PHILLIP JACK BROOKS a/k/a CM Punk ; and SCOTT COLTON a/k/a Colt Cabana , Defendants. ) ) ) Case No. ) ) ) ) ) ) ) COMPLAINT , ' / , r ' c Plaintiff, Christopher M. Amann, by his attorneys, Deutsch, Levy Engel, Chartered, as his Complaint against Defendants, Phillip Jack Brooks a/k/a CM Punk and Scott Colton a/k/a Colt Cabana, alleges as follows: COMMON ALLEGATIONS 1. Plaintiff, Christopher M. Amann ( Amann ) is a resident of Will County, Illinois. Amann is a licensed medical doctor of good standing in the State of Illinois. Amann concentrates his medical practice in the areas of sports medicine and orthopedics. From 2010 through the present time, Amann has practiced medicine as the Senior Ringside Physician for World Wrestling Entertainment, Inc. ( WWE ), and in this capacity has provided and continues to provide medical care and treatment to professional athletes affiliated with WWE. 2. Defendant, Phillip Jack Brooks ( Brooks ) is a Cook County resident, who, at times relevant to this Complaint, worked as a professional wrestler with WWE as CM Punk. 3. Defendant, Scott Colton ( Colton ) is a professional wrestler formerly affiliated with WWE, whose affiliation was terminated by WWE in 2009. In addition to working as a professional wrestler as Colt Cabana, Colton hosts and distributes a weekly podcast entitled 1 435897 1

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Page 1: Dr Christopher Amann v. CM Punk & Colt Cabana

8/19/2019 Dr Christopher Amann v. CM Punk & Colt Cabana

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IN THE CIRCUIT COURT OF COOK COUNTY ILLINOIS

COUNTY DEPARTMENT LAW DIVISION

CHRISTOPHER M. AMANN,

Plaintiff,

v.

PHILLIP JACK BROOKS a/k/a CM Punk ;

and SCOTT COLTON a/k/a Colt Cabana ,

Defendants.

)

)

) Case No.

)

)

)

)

)

)

)

COMPLAINT

, '

/ , r

'

c

Plaintiff, Christopher M. Amann, by his attorneys, Deutsch, Levy Engel, Chartered, as

his Complaint against Defendants, Phillip Jack Brooks a/k/a

CM

Punk and Scott Colton a/k/a

Colt Cabana, alleges as follows:

COMMON ALLEGATIONS

1.

Plaintiff, Christopher M. Amann ( Amann ) is a resident ofWill County, Illinois.

Amann is a licensed medical doctor of good standing in the State of Illinois. Amann concentrates

his medical practice in the areas

of

sports medicine and orthopedics. From 2010 through the

present time, Amann has practiced medicine as the Senior Ringside Physician for World

Wrestling Entertainment, Inc. ( WWE ), and in this capacity has provided and continues to

provide medical care and treatment to professional athletes affiliated with WWE.

2. Defendant, Phillip Jack Brooks ( Brooks ) is a Cook County resident, who, at

times relevant to this Complaint, worked as a professional wrestler with WWE as CM Punk.

3.

Defendant, Scott Colton ( Colton ) is a professional wrestler formerly affiliated

with WWE, whose affiliation was terminated by WWE in 2009. In addition to working as a

professional wrestler as Colt Cabana, Colton hosts and distributes a weekly podcast entitled

1

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[

The rt of Wrestling in which, among other things, he interviews professional wrestlers. The

rt of Wrestling is published world-wide by Colton, including through a link on his website

(accessible through the URLs www.welovecolt.com and www.coltcabana.com) and through

iTur1es. Colton also publishes his The rt of Wrestling podcasts via streaming services at

http://soundcloud.com/coltcabana and on YouTube. On information and belief, Colton resides in

Cook County, Illinois.

4.

On or about November 26, 2014, Colton first published The rt of Wrestling,

episode No. 226, featuring his interview with Brooks ( the Podcast ). (A transcript

of

the

Podcast is attached as Exhibit A). Since November 26, 2014, the Podcast has been available

on

the internet for streaming and download through the date

of

this Complaint's filing. On

information and belief, as of this Complaint's filing, the Podcast has been streamed in excess of

1,000,000 times on Y ouTube and more than 10,000 times on SoundCloud. com in addition to

downloads through iTunes and streaming through other websites.

5. In the Podcast, Brooks repeatedly and falsely impugned the integrity of Amann as

a medical doctor, stating in substance that: (i) Amann misdiagnosed a growth on Brooks' back as

a harmless fatty deposit ; (ii) Amann willfully disregarded Brooks' repeated requests over time

that Amann excise the growth; and (iii) due to Amann s professional negligence and failure to

adequately treat Brooks, the lump grew to the size of a baseball, was purple, and morphed into a

life-threatening, full-blown MRSA staph infection. Brooks also stated that despite his

complaints to Amann of pain and discomfort from the growing baseball-sized purple lump,

Amann continued to allow Brooks to wrestle and refused to excise the growth. In addition,

Brooks stated in substance that Amann lacked professional competence to properly treat a

concussion, prescribed antibiotics for a concussion (Transcript p. 80), and subjected Brooks to

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unnecessary tests when it was pretty goddamn obvious Brooks had a concussion. (Transcript

pp. 39-40). Brooks further stated that when he told Amann, in the midst

of

his Royal Rumble

match, that he had a concussion after being struck by an opponent, Amann asked Brooks what he

should do, to which Brooks started laughing and I was just like, 'Doctor, you are the most

worthless piece

of

shit

I've

ever

met. '

(Transcript pp. 84-85). In the course

of

the Podcast,

Colton affirmed Brooks ' statements and assisted Brooks in depicting Amann as a doctor who

negligently did not excise the alleged growth because he was lazy, to the point where the

growth became so large and dangerous, it had teeth. Colton urged listeners to hear the

struggle and hear the heartache in Brook's statements in which he was telling ''the whole

story so listeners would understand what [Brooks] was going through and why the decisions

were made. (Transcript pp. 4-5, 7).

6

In the Podcast, Brooks and Colton made and published the following statements

with regard to Amann's purported misdiagnosis, failure to adequately treat Brooks, and lack

of

competence and ability as a medical doctor who placed his employer's business interests above

his patient's medical needs:

Brooks: The big thing that led to my decision [to leave WWE] was my health.

1

(Transcript p. 19).

...so Doc was leaning on me going Do you want me to-- do you

have a concussion or can you go to Europe, kind

of

thing. And I

was just like you fuckin' --you pigs,

I'll

go to Europe, whatever.

After the European tour, the whole European tour

I'm

dry heaving

after every match .. .l'm on all fours after every match and I'm

either puking for real or

I'm

just dry heaving because I don't

having anything in my stomach. I have no appetite. I

don't

know

I. In the Podcast, Amann is initially identified as Doc. Reasonable listeners would identify Doc as Dr. Amann

because in the Podcast Brooks specifically names Dr. Amann (Transcript p. 45) and Amann was the Doc (doctor)

on duty at the Royal Rumble referred to by Brooks in the Podcast.

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what is up and what is down. I can't sleep, I

can t

fuckin' train.

(Transcript pp. 73-74).

Doc-- Doc is giving

me--

Doc's like, Oh you're sick, here's a

Z-

Pak. They Z-Pakked me to death, so much that in December I shit

my pants on a Smack Down because that's what antibiotics do to

you, right?

(Transcript p. 74).

Somewhere along the way I get this fucking lump on my fuckin'

back. This is where it gets good. So I go to Doc and I go fucking

look at this, this wasn 't here last week, what is that? Oh it looks

like

a-- a --

a-- what did he call it, not a hematoma, a fatty, I don't

know, he said it was like a fatty deposit. He asked me if it hurt, I

said no, I said, but it wasn't there last week, and

it s

been a long

tradition in the WWE locker rooms, when somebody has

something like that Doc cuts it out, everybody watches it, people

film it, it s the weirdest fuckin' thing.

Colton: Yeah.

(Transcript pp. 78-79).

Brooks: So they- they tell me no, we're not going to do anything

about it because it s just- it s just like a fatty deposit, whatever,

it 's like a calcium deposit, whatever, so I fuckin', I let it go, fine.

It

gets bigger. A couple months later,

I m

like, This things got

fuckin' bigger.

Does it hurt?

No.

Well, then, let' s just leave it.

Let me ask you something, Doc, are you just -- is that like your

medical opinion or are you just a lazy piece of shit and

don t

want

to fuckin' do it, because

I ve

seen you cut a million of these things

out of somebody.

Well, you got to wrestle tonight, and blah, blah, blah, and it

might need like a stitch. I m like, So fucking what? You've put

14 staples in my forehead and then

I ve

had to go out that same

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night and wrestle again. What is preventing you from -- from -

from helping me?''

Well, it s-- it' s, blah, blah, blah.

Colton: Did you have like a theory or --

Brooks: Did I have a theory?

Colton: Yeah.

Brooks: No, I was just like what the fuck is this, it wasn't here

yesterday, get rid

of

it.

Colton: No, a theory on why he s not cutting.

Brooks: Nah, he s lazy.

Colton: Just lazy.

Brooks:

He s

lazy.

Colton: Crazy.

Brooks: I mean, and that's the thing, guys, I really feel like fuckin'

shit, I have broken ribs and I have a fuckin' concussion and they're

like, Here's a Z-Pak, Phil, and

I m

like fuck, okay, I take the Z

Pak, I can t sleep, here 's another Z-Pak, I take the Z-Pak, I shit my

pants in the ring.

I m

like what the fuck, you know, and then after

all that they gave me an even stronger antibiotic, and

I m

like all

right,

I ll

take this, maybe it'll make me feel better. t made me feel

worse. I had fuckin' goddamn diarrhea for like three weeks.

(Transcript pp. 79-80).

So I mean, everything fuckin' comes to a head and

I m

still

motivated. It's Royal Rumble season and I know Batista's coming

back and I know the Main Event [ofWrestleMania] is Batista

versus Randy Orton, but

I m

still,

I m

still that kid that was in the

car with you driving to fuckin' Pittsburgh and Philly and IWA and

I m

like

I m

going to change their minds,

I m

going

to-- I m

going

to have this awesome Royal Rumble and they're going to be like

goddamn, all right, Punk needs to be in the Main Event, he hasn't

been in the Main Event. You know, I remember watching Foley's

DVD and they interview Vince and Vince was like I thought it was

a shame that he didn't have his Wrestle Mania moment before he

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retired, so I coaxed him out of retirement and put him in the Main

Event, and so I saw that and

I'm like well, motherfucker, I'm still

here,

I'm

not retired yet. Well, my hard work's going to shine

through and I'm going to wow them with my fuckin , my fancy pro

wrestling skills and they'll realize that Randy Orton versus Batista

would be a big awesome stinker

of

a fucking match for a Main

Event of Wrestle Mania XXX and I -- I wrestle -- that day I

showed Doc that thing on my back, which was now purple and the

size

of

a fuckin' baseball.

Colton: t had teeth.

Brooks: And he went, Does it hurt, and I went, Yeah, actually,

it hurts like a motherfucker, and like the waistband of my tights

was like right on it, so like I was aware

of

it constantly and it was

so big that I felt like

ifl

bumped on it it would bust like, you know,

I

can't

pop it,

it's

not like a fuckin' zit

of

anything, and

he's

like

Well,

I'd

cut it out now, but you know, you got wrestle in the

Rumble,

I'd

probably want to put you on some antibiotics before I

put, and I went Motherfucker, I've been on antibiotics since

November, what are you doing? Just cut it, cut it right now. He

won't

do it. He just wouldn't do it. I didn't get it.

So I got to do this shit, I've got to wrestle in the Rumble, I'm

number one and I'm getting thrown out right at the end ..

(Transcript pp. 8 - 82).

So I flat back and I'm just fuckin' rocked, I'm out of it.

Colton: Number 12, 13?

Brooks:

So

I roll under the fuckin' corner and I motion to Doc and

I go, I have a concussion, and he was like, What do you want

me to do? And I jus t started laughing and I was like, Doctor, you

are one ofthe most worthless piece of shit I've ever met. --

Colton: Well, hold on.

Brooks:

-- in

my entire life.

Colton: I agree, but I don't agree.

Brooks: Right.

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Colton: But what does he do?

Brooks: This is -- this is miserable fucking Phil Brooks you're

talking about.

Colton: Okay.

Brooks: So he goes, Do you want me to tell somebody? I go,

No,

I'm

just going to sit here for a minute,

I'm

going to collect my

wits and then

I'll

go do my shit. Next thing I know one

of

the refs

is like, Kane's out here, he's going to pull you out early, and my

knee-jerk reaction from 15 plus years ofbeing a pro wrestler was

fuck you,

I'm

finishing this match. IfKane touches me

I'm

going

to fuckin' quit, you know, so then poor Glen's out there, he's like

shirtless wearing like business slacks.

Colton: Corporate -

Brooks: And he's crouching down and the camera's trying not to

shoot him and it was like chaos, but then eventually we did the

angle, he choke slammed me through the fuckin' thing and I

walked in back and Doc was there and he was like, Are you okay

and I was like, Cut this fuckin' thing out of me right now, like,

whatever the fuck it is, cut it out of me, like I -- I feel like fuckin'

shit, I've had a fever for weeks,

I'm

fuckin' green when I look at

myself on television, and he

won't

do it because now he's like,

Oh, it's the concussion, it's this,

it's

that, blah blah blah.

(Transcript pp. 86-87).

Brooks: And then they're like,

We

need you to sign this Visa for

this country because we're going

on

this tour, and I was like,

Right now, me, right now, in Cleveland, Ohio take fucking care of

me right fucking now.

Don't

worry about where

I'm

supposed to

be tomorrow, don't worry about what segment

I'm

supposed to be,

fucking fix me. My fuckin' rib's broken, my knee is fucking tom

up, I

am

fucking sick, fucking help me, and they were like, No,

you have to sign this, you have to piss in this, you have to fucking

go take this concussion test.

(Transcript pp. 88-89).

Colton: And I think that's the line, fucking help me.

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Brooks: My-- my -- my lovely wife convinced me to go to her

doctor in Tampa. I went to her doctor in Tampa. I walked in, I've

never met this guy, all right ... so I walked in, I never seen him

before, he's got no idea who I am,

he's

like, Okay, so what's the

problem? And I fucking yanked my shorts down and I show him

this fuckin' thing

on

my back.

Colton: What kind of doc - oh, okay.

Brooks: Yeah, yeah, yeah. And he looks right at it, he doesn 't

touch it, he just looked at it, cocks his head sideways and he goes,

That's a full-blown staph infection.

Colton: Full blown.

Brooks: Yeah, and I looked at him and I laughed, and you were

there when the doctor told me I had a fractured skull, same laugh, I

just went ha

ha

ha ha, like yeah, of course it is, I have a staph

infection because

of

course I do.

Colton: Right.

Brooks: Why not? And I was like, All right, what are you going to

do?'' And he was like, I mean, that's-- he's like that's like

MRSA, he's like, I can tell right now like that's-- the thing's

like purple and green. He's like, I can cut it out and you need to

go to a hospital and get like an antibiotic IV drip. And I was like,

Well,

let's

say we

didn't

have time for that, you know, he

just

loaded me up with antibiotics. He cut the thing, he squeezed it, shit

shot onto the ceiling. I've had tattoos in some of the most painful

places, I've fractured my skull, Ryback has broken my ribs, a kick

on purpose, I've wrestled three weeks after knee surgery, this was

the most painful experience ofmy entire life.

Colton: Wow.

Brooks: And I

don't

know why it hurt so bad.

Colton: Did it get videotaped?

Brooks: No.

Colton: Ooh.

Brooks: But I sweat like I was in the fucking Sahara desert, like I

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was clutching the table and this doc was just squeezing this shit

and he kept squeezing this shit and then he fuckin', he patched it

up, put a Band-Aid on it, and he gave me three months of

antibiotics and I was like great. And so I asked him, I was like

I've been on antibiotics for a long time, like why wouldn't it do

this? He is like Unless you're on specific antibiotics to kill a

MRSA infection, he's like a Z-Pak's not going to do anything.

Colton: And he's like you've been working on this thing?

Brooks: Yeah.

Colton: Did he say it was like possible to?

Brooks: He said how long? And I was like I don 't know, at least

three months. And he was like You should be dead. You could

have died, because you know, look up staph infections, people,

they're nothing to fuck with. So I get that taken care of. All

of

a

sudden, I can sleep. And I slept, for a long fucking time.

(Transcript pp. 97-99).

7. The statements

of

Brooks and Colton concerning Amann are false, both literally

and in their implications. Specifically:

(A) Amann was not requested by Brooks to treat and/or excise a lump, let

alone a purple, baseball-sized lump. Indeed, Brooks never advised Amann of any lump on

his back, let alone sought treatment from Amann for a lump on his back. He also never

showed a lump on his back to Amann for a medical diagnosis or treatment.

B)

Amann did not refuse to treat Brooks for a lump or growth of any kind.

(C)

Amann did not prescribe antibiotics to Brooks for a lump on his back,

broken ribs or a concussion.

(D) Amann, upon preliminary diagnosis of a possible concussion, directed that

Brooks leave the wrestling ring to avoid further injury and followed proper protocol,

including but not limited to attempting to remove him immediately from further contact

activity and requesting further evaluation and treatment ofBrooks in the training room.

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He at no time advised Brooks or suggested to him that the course of treatment for a

concussion, if any, was up to Brooks' discretion.

8.

Brooks and Colton published their statements

of

and concerning Amann with the

foreseeable expectation that they would be repeated by third persons, including through print and

on-line media, given Brooks' celebrity status as CM Punk and Colton's marketing of the

Podcast.

9. As a foreseeable consequence of the publication of the statements in the Podcast

by Brooks and Colton, articles were published in various media, reporting on Brooks' false

statements

of

and concerning Amann, as published by Colton in the Podcast, including but not

limited to:

(A) The Washington Post, on November 28, 2014: But perhaps the most

damning story Punk told about WWE s health and wellness policy was about the time the

company allegedly gave him bad antibiotics, which led to a cyst in his back to become a

life-threatening MRSA staph infection. Deadspin summarizes it pretty well. Starting at

around 1:13:00 in the video, Punk say the WWE's traveling doctor [Dr. Amann]

neglected a growth on his back that eventually became very painful. The doctor, he says,

would only prescribe generic antibiotics that only caused more issues. Near 1 30:00, Punk

says he visited a doctor in Tampa who told him that the cyst was in fact a full-blown

staph infection ... (Exhibit B).

(B) On November 27, 2014, the internet publication, 411mania.com

reported on the Podcast as follows: Punk went

off on a WWE doctor named Chris

Amann

...

Punk says he found a lump on his back, which Amann said was just a fat

deposit. Punk asked Amann to cut it out several times but Amann refused. The lump got

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bigger and turned purple and painful. Punk told Amann again before the Royal Rumble to

cut it out but Amann refused, saying Punk had to wrestle

....

After Punk left, he went to

another doctor that AJ Lee found for him, and that doctor diagnosed the lump as MRSA

staph infection and immediately drained pus out

of

it. Punk said the doctor was stunned

that he had been wrestling with the infection for months and said Punk 'should be dead.'

Punk blasted WWE for misdiagnosing and ignoring his infection which he worked with

for months." (Exhibit C).

(C) On December 4, 2014, The Washington Post again reported on the

Podcast, stating, "Punk alleged

WWE s

ringside doctor Chris Amann ignored a cyst on

Punk's back that ended up being diagnosed by another doctor as a life-threatening MRSA

infection." (Exhibit D).

(D) On November 27, 2014, the on-line publication "buzzfeed.com" reported

that in the Podcast it was stated that "Punk had been wrestling with an "odd lump in his

lower back that kept increasing in size and pain. WWE doctor Chris Aman [sic] called it

a 'fatty deposit' and issued a Z-Pak (antibiotics). Aman [sic] consistently cleared him for

action despite Punk's complaints that the lump was getting bigger and painful and the

antibiotics weren't effective. Punk eventually confronted the doctor after nothing was

being done to treat the lump and said, Let me ask you, Doc: Is that your medical opinion

or are you just a lazy piece of shit?' Another doctor eventually diagnosed Punk with

MRSA staph infection, to which he said to Punk, You should be dead. You could have

died ' " (Exhibit E).

(E) On November 27, 2014, the on-line publication "mindofcarnage.com"

reported on the Podcast published by Colton as follows: "CM Punk was particularly

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critical

of

WWE doctor Chris Amann in his appearance on the Colt Cabana podcast. In it,

Punk said Amann misdiagnosed and ignored a MERSA [sic] staph infection on his back

for months and that the first doctor Punk went to after leaving WWE was stunned to hear

that Punk wrestled with the infection for months, going as far as to say he could have died

from it. (Exhibit F).

(F) In its November 27, 2014 edition, sportingnews.com reported that in the

Podcast, Punk stated that he noticed a lump in his back in November, 2013 and that

[w]hen he asked Dr. Chris Amann (the official WWE doctor) about it, he said it was just

a 'fatty deposit' but he refused to cut it out despite Punk's request because it wasn't

causing him any pain. Over time, it got bigger and turned purple and was not [sic] causing

him some pain. Earlier in the day before the 2014 Royal Rumble, Punk again asked the

doctor to cut t out who said he couldn't because Punk was wrestling that night and he

had to be on antibiotics for it. This upset Punk even more because he had been on

antibiotics for the past three months to deal with his sickness. The article also included a

link to the Podcast. (Exhibit G).

(G) In its November, 2014 edition, Cool Wrestling News reported that in the

Podcast, Punk was particularly critical of Chris Amann,

WWE s

Senior Ringside

Physician. Punk said that Amann misdiagnosed and ignored a MRSA infection on his

back for months and that the first doctor he went to after leaving WWE was stunned to

hear that he wrestled with it. The doctor said he could have died from it. (Exhibit H).

(H) On November 27, 2014, the on-line publication Wrestling Rumors

reported on the Podcast as follows: Punk worked several months with MRSA, a very

serious staph infection. It s resistant to common antibiotics, so it needs a very specific

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kind

of

medicine to treat and cure

....

According to Punk, Chris Doc Amann (WWE's

primary physician who he refers to by name) avoided the issue and prescribed broad

spectrum antibiotics to tide him over. The gigantic lump which grew on his waistline was

causing him an immense amount of discomfort, yet Amann always found a way to avoid

cutting it out . .It was only when AJ Lee (his future wife) told Punk to visit her doctor in

Tampa Bay that the correct diagnosis was made.

If

he had waited any lcnger, there is a

very good chance that it could have killed him

....

Whether

it s

negligence or sheer

laziness, not treating Punk's symptoms with the utmost

of care is unacceptable no matter

which way you look at it

....

All

AJ s

doctor had to do was stare at the lump to tell how

serious the matter was. That's scary. (Exhibit 1 .

COUNT DEFAMATION

PER

SE AGAINST BROOKS AND COLTON

10. Amann restates and incorporates paragraphs 1-9

of

the Common Allegations,

including each of their respective subparts, as though they were fully stated in Count I

11. The statements

of

Brooks and Colton, and published by Colton, are false and

defamatory p r

s

in that they impute a lack of integrity in the performance

of

Amann's

professional duties as a medical doctor and/or an inability or lack

of

competence to perform his

professional duties as a medical doctor.

12.

Further, Colton affirmed and amplified Brooks' false and disparaging comments

and that Amann did not remove the lump because he was lazy, thus allowing the growth to

grow to the size of a baseball, turn purple and blue and was so apparent and obviously dangerous

that it had teeth. Colton further assured listeners that Brooks was disclosing all that

he s

wanted to get off his chest and now he has the opportunity to do it in a safe place with his friend

in his own house on a podcast that he trusts has no ulterior motives or anything .. . Hopefully you

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guys give it a real in depth listen, you hear it, you hear the story, you hear the struggle, you hear

the heartache. There's so much to it. (Transcript

p.

4). Colton also told listeners that Brooks was

telling the whole story without charge to get as many ears as possible to hear this to

understand what this man was going through and why the decisions were made. (Transcript pp.

4-5, 7). Through his participation in Brooks' false statements, Colton affirmed the statements and

communicated to listeners that the statements in the Podcast were truthful and substantive.

13.

Defendants knowingly fabricated the false and disparaging statements o and

concerning Amann.

14.

Brooks and Colton published the statements with negligence, in that they knew or

should have known that the disparaging statements

o

and concerning Dr. Amann were false

and/or failed to investigate the veracity o those statements.

15.

In the alternative, Brooks and Colton published the statements with knowledge

that they were false and/or with reckless disregard as to the truth o the statements.

16.

As a consequence o Defendants' defamatory publication, Amann suffered injury

to his reputation as a medical doctor.

WHEREFORE, Plaintiff Christopher M. Amann respectfully requests that this Court

enter judgment in his favor and against Defendants Phillip Jack Brooks and Scott Colton, award

him compensatory damages in an amount in excess

o

$1,000,000, punitive damages in an

amount to be determine at trial, and such other relief that this Court deems just and appropriate.

COUNT F LSE LIGHT INV SION OF PRIV CY

G INST BROOKS ND COLTON

17. Amann restates and incorporates paragraphs 1-9 o the Common Allegations,

including each o their respective subparts, as though they were fully stated in Count II.

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18. Defendants publicized the statements contained in the Podcast by marketing the

Podcast, offering it and making it available for streaming and/or downloading and disseminating

the Podcast to the public at large throughout the world.

19. The false statements and implications concerning Amann in the Podcast are highly

offensive in that they accuse Amann

o

a gross lack

o

integrity as a medical doctor, an inability

to perform his professional duties as a medical doctor, and in placing the financial interest

o

his

employer above life-threatening health conditions

o

his patients.

20. The publication

o

such falsehoods by Defendants was willful and wanton, and

was calculated to cause and did cause damage to Amann, causing Amann to suffer injury to his

reputation as a medical doctor.

21. Brooks and Colton published the statements with knowledge that they were false

and/or with reckless disregard as to the truth

o

the statements. Defendants knowingly fabricated

the disparaging statements o and concerning Dr. Amann.

WHEREFORE, Plaintiff Christopher M. Amann respectfully requests that this Court

enter judgment in his favor and against Defendants Phillip Jack Brooks and Scott Colton, award

him compensatory damages in an amount in excess

o 1,000,000, punitive damages in an

amount to be determine at trial, and such other rel ief that this Court deems

just

and appropriate.

Respectfully submitted,

Phillip J Zisook CHRISTOPHER M. AMANN

Brian D. Saucier

Deutsch, Levy Engel, Chartered

225 West Washington Street

Suite 1700

Chicago, Illinois 60606

T: (312) 346-1460

F: (312) 346-1859

Atty No. 90235

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