CM Punk and Colt Cabana vs. Dr. Chris Amann in a Count Trial Match Discussion, Notes and Info

[Super Saiyan Goku]

I don't see it on here anywhere so I figure we open!

For the TRUE MATCH OF THE YEAR! :emoji_wink:

ipebomb:​

 

[Super Saiyan Goku]

Day 1 Notes:

"As noted, the libel & slander jury trial with WWE’s Dr. Chris Amann vs. CM Punk & Colt Cabana began today in Cook County, Illinois. Amann is seeking $1 million in compensatory damages and an undetermined amount of punitive damages for the comments Punk made about him during an appearance on Colt’s “Art of Wrestling” podcast shortly after his WWE release in 2014.

The trial began this morning with Amann, who remains employed by WWE, testifying on his own behalf. PWInsider notes that Amann came off as “short and curt” during his testimony. It was also said that Amann looked like he was getting upset while recounting the situation as he discussed the large number of comments made about him online, mostly criticizing him because of Punk’s comments.

The jury heard the entire “Art of Wrestling” podcast episode that was released in November 2014 with Punk. The two sides will be back in court tomorrow as Amann is scheduled to be cross-examined by the attorneys for Punk and Cabana.

Chicago Tribune reporter Gregory Pratt was in attendance for some of today’s testimony and noted that Amann disputed Punk’s claims about how Amann failed to treat him correctly. Amann also read some of the tweets that called for him to be fired and some of the news stories covering the podcast. Pratt noted that there’s no word yet on how long the trial might last but that they were being thorough in presenting the case.

Pratt wrote that Punk “seemed visibly amused, chuckling here and there at some of the over the top things” that were said during the podcast, such as “Cabana saying fuck you to people who might call next week with abrasive questions.” Pratt made it clear that Punk was mostly serious & attentive, but that “there were moments where some of the wrestling talk was over-the-top or the aforementioned comment that he seemed amused by.”

Source: News & Notes From WWE’s Chris Amann vs. CM Punk & Colt Cabana, Day 1 | 24Wrestling​

 

[Super Saiyan Goku]

Day 2 Notes:​

"I have been in the Cook County Courtroom in downtown Chicago this morning observing the second day of trial between Dr. Chris Amann and CM Punk/Colt Cabana on behalf of WrestleZone.

Below are my notes from this morning’s proceedings. I will have another post up later today with a recap of what happens in the afternoon.

• There are several large boxes of documents scattered around the room
• Cabana arrived the earliest, by almost an hour, wearing a nice suit and was very cordial
• Dr. Amann arrived about thirty minutes early and immediately took his place at the witness stand
• Punk was the last to arrive, looking to be in good shape for him upcoming UFC fight and wearing a blue suit
  • Punk also seemed tired and like his right eye might have been slightly red, possibly from training
• Punk and Cabana do not exchange any words before the trial begins for the day
• I was formally announced to the room as covering the trial for WrestleZone which got a smile from both Punk and Amann, maybe due to the novelty
• Amann’s lawyer begins to question him about how Punk’s podcast appearance with Cabana affected him
• Amann says that he has been “harrassed” and “ridiculed” by Punk fans on social media
• Screen shots are shown of various tweets and Instagram posts by Amann with fans making snide comments to him
  • Including one where a fan called him a “Z Pak blueberry” on 12/15/14
• A 12/1/14 tweet from Marissa Payne is shown featuring a fan made sign on RAW that read “Can Someone Check My Staph Infection?”
• Amann says that he recalls the sign and the night of that RAW because it was right after the podcast
• Amann says the fan made sign made him “angry and embarrassed” as well as “humiliated
• Another tweet was shown from a fan calling Amann “#DrZPak”
• Amann begins to recall the 2014 Royal Rumble
• Amann describes how a Royal Rumble match works to the jury and lets them know that the winner is scripted and pre-determined
• Amann claims he did not know who was going to the win the match, who would be eliminated or anything like that
• Amann recalls that about 29-30 minutes into the match he came to Punk’s side while Punk was laying in the ring and Amann knelt on the ground outside the ring
  • Amann says that before he joined Punk he was sitting alongside Mark Yeaton (bell keeper), Timothy Gang (Audio Tech) and Justin “Roberts” Frazen (Ring Announcer)
  • Photographer John Giamondo first relayed to Amann that Punk wanted to talk to him
  • Amann asked Punk, “What’s happening? What’s going on?”
  • Punk responded, “I got rocked,” which Amann interpretted as meaning he had a head injury
  • Amann claims Punk told him he was rocked by “a clothesline from Kofi,” which leads to Amann describing a clothesline to the jury
  • Punk allegedly tells Amann that he was, “seeing zig zags and squiggly lines”
  • Amann claims to have informed Punk of a concussion and asked him to eliminate himself from the match to which Punk replied, according to Amann, “Nah, I am just going to collect myself and get back in the match”
  • Amann then approached Yeaton to ask him to inform “Gorilla” that Punk was concussed and needed to leave the ring
  • Amann describes “Gorilla” as the nerve center where the show is produced
  • Amann says that Punk was unwilling to listen to him
  • Amann didn’t have the same headset as Yeaton to talk to “Gorilla” in the back but did have an IFB so that he could hear Gorilla but not speak to them
  • Yeaton then told Gorilla that Punk was concussed and needed to leave the match
  • Amann heard Michael Hayes, the producer, give the order for Punk to roll out of the ring
  • Amann did not talk to Punk any further in the match
  • Amann did have a walkie talkie so that he could communicate with the EMTs and contacted Larry Heck the Athletic Trainer
  • Amann observed the refs several times try to relay the message to Punk over a 1-2 minute period
  • Punk began listening more intently that at any other point in the trial today
  • Michael Hayes then gave the order for Punk to “just eliminate himself” before sending Kane out to eliminate him
  • Punk never rolled out of the ring and Kane eliminated him
• Amann claims to have only prescribed antibiotics to Punk between 2012-2014 for a sinus infection
• A 1/16/14 medical report is reviewed where is says, “Phil says his shoulder has been bothering him since last Monday. No specific injury.”
  • Amann’s diagnosis was that he had shoulder pain and asked for a radiologist to check him out
  • Amann ordered x-rays with four views
  • Amann did not prescribe antibiotics at this time
• 12/17/13 meeting with Punk is revisted where Punk sustained an in-ring elbow injury, was treated with ice and anti-inflammatory but did not prescribe antibiotics
• Another medical report is reviewed where Amann says he evaluated Punk, without a shirt on, and did not notice a cyst on his back or buttocks
• Text exchanges between Amann and Punk are shared
  • 10/22/13- Punk made no reference to back lump and never brought up lump beyond this
  • 12/4/13- Punk reveals he is coughing like a maniac and his ribs hurt
    • Amann says any number of conditions could cause this and doesn’t recall doing anything at the time while he was awaiting lab results
• Amann states that Punk’s comments on Cabana’s podcast have not affected his job with WWE
• Amann again says he’s felt “humilated and embarrassed” since the podcast
• Following the Rumble match Amann says he saw Punk in the locker room, alone, here is the exchange Amann remembers:
  • Punk, “What was that bullshit?”
  • Amann, “I felt you had a concussion and needed out of the match.”
  • Punk, “Fu*k that”
  • Punk went on to describe symptoms including a bulging eye
• Several photos from the Rumble were shown of Punk’s back with no cyst or back bulge
• No further questions from Amann’s team and we go to break
• Cabana/Punk’s team begin cross examination
• Amann is asked about an e-mail to the “TR Team” which is an e-mail group consisting on the WWE Medical Director, Medical Assistant, Stacy Depolo, Medical Staff and Mark Carrano
  • In the email Amann prescribes antibiotics for pharyngitis
• Several e-mails are shown between Amann and fellow WWE doctor Michael Samson
  • Samson jokes in one e-mail that, “We’re talking to Punk about a medical dose pack but we have to let AJ think about it :emoji_slight_smile:”
  • This was apparently a joke about how AJ Mendez, aka AJ Lee, who was Punk’s girlfriend at the time was sitting in on medical meetings
• A text exchange is shown between Amann and Punk where Punk complains of stiff ankles and sore ribs
  • Punk jokes about feeling, “lovely,”
• 11/5/13 e-mail from Amann to Samson is shown stating Punk feels nauseated and has a headache
• 11/14/13- DePolo to Amann e-mail has her telling Amann that Punk has been fatigued, nauseated and vomiting for days
• 11/15/13 e-mail from Samson to DePolo and Amann says that Samson had a long talk with Punk and Punk is reporting no energy, fatigue, appetite, mild diarrhea and headaches after wrestling for three days
  • Punk appeared to be working matches as normal
• 11/16/13 e-mail from Samson to TR Medical says that Punk is still reporting fatigue and headaches, especially after taking “bumps”
  • Amann describes “bumps” as any kind of fall with some contact
• 11/17/13 e-mail from Samson to DePolo and Amann says “Punk is the same”
• 11/18/13 e-mail from Samson to Amann and Amann responds saying that Punk is having some symptoms of fatigue but physically he is okay with him being physical
  • Amann then debates what the word “wrestle” means in the context of what “being physical” is in WWE and that it’s not always a “match”
• 11/19/13 e-mail from Samson to Amann says Punk is the same and that he is getting and MRI for his head and bloodwork done
  • Depression issues for Punk are also brought up but Amann notes they didn’t have a time or place to address them
• 11/21/13 e-mail from Samson to DePolo and Amann says Punk still has headaches and fatigue
• 11/27/13 e-mail from Samson to Amann says that Punk is suffering from lower back pain and rib contusion
• 12/1/13 e-mail from WWE trainer Larry Heck to Samson and Aman says Punk feels horrible and has been in bed for three days
• 12/2/13 text message from Punk to Amann (9:30 pm) “My head is killing me. Why do I have these headaches?”
  • Amann responds with lengthy text about explaining how they will reach a diagnosis
  • Punk requests antibiotics to which Amann says “Yes” and they go back and forth about where to meet up around Gorilla
  • Amann denies he was meeting Punk to give him antibiotics
• 12/4/13 text exchange:
  • Punk can’t sleep and he is coughing like a maniac and ribs are killing him
  • Amann asks him when his flight is and if they can talk
  • Punk says he can’t talk now and finds this all ridiculous before saying he wants to go to a hospital when he gets home
  • Amann claims he didn’t know what the problem was but wanted to help him figure it out

Then we broke for lunch

Read more at CM Punk & Colt Cabana v Dr. Chris Amann Trial Day 2 Morning Notes - Wrestlezone "

Source: CM Punk & Colt Cabana v Dr. Chris Amann Trial Day 2 Morning Notes - Wrestlezone



"I have been in the Cook County Courtroom in downtown Chicago this afternoon observing the second day of trial between Dr. Chris Amann and CM Punk/Colt Cabana on behalf of WrestleZone.

Below are my notes from this afternoon’s proceedings. WrestleZone will be back in the courtroom tomorrow with more recaps of what happens throughout the trial.

• Amann concedes that he would prescribe antibiotics, including Z Paks, as part of his job with WWE
• Text exchange between Amann and Punk:
  • Punk, “I swear to christ I’m sick again, you got a Z Pak?”
  • Amann, “Yes, I’ve got them on me”
  • Exchange also includes text of Amann telling Punk to find a pharmacy and that he’ll phone in a prescription request for Punk
• Amann says Punk never showed him a skin infection but would have evaluated him if he had
• Amann does not recall treating any non-WWE performers between 2013 and 2014
• Punk’s WWE medical record is shown and it says that Punk was never prescribed medication
  • No medication history recorded
• Amann says he did give Punk Z Paks without recording them
• Amann says he would give wrestlers meds in an envelope with the name and the dosage on it
• Amann describes the separate RAW and Smackdown brands and how they are “different teams” with different stories and wrestlers
• Amann says he and Dr. Samson were not always together because of the brand split and that he did not always see the way Samson was treating talent
• A slide show Amann had made and shown to talent in 2012-2014 called “What Is MRSA” was put on the screens
  • MRSA is a type of staph bacteria
  • “These infections can usually be treated with antibiotics”
  • If not treated MRSA can lead to loss of limbs
  • Amann instructed wrestlers to contact a ringside physician if they were infected
• Amann says that after February 2014 he never treated Punk again
• A slide show Amann had made and shown to talent about concussions was put on the screen
  • Some of the symptoms of concussions listed included headache, nausea, fatigue, dizziness and sadness
  • Also notes that concussions make you more susceptible to more concussions
• Amall refers to the Royal Rumble as “a simulated match”
• Amann believes fans knew it was he that Punk was referring to on the podcast because he was the doctor seen on camera talking to him
• Amann did not see the clothesline that Kofi threw that concussed Punk
• A long rehash of Amann’s ringside conversation with Punk was laid out
  • The judge and jury seemed bored by Punk’s lawyer’s line of questioning
• A sidebar was taken and the lawyers left the room with the judge
  • At this time Punk grabbed his notebook and went to sit down directly next to Cabana to speak quietly
  • Punk returned to his chair and then Cabana walked over to him, leaned over and the two continued talking
• Amann says Punk was upset and agitated backstage at the Rumble and that he “stormed off angrily”
• Amann says that he does want compensation for emotional damage
  • He has not visited a doctor due to his issues and has not sought counseling
  • Has not taken medication to deal with emotional damage
  • Amann sleeps an average of 8 hours every night
  • No work place damages by his employer, WWE, regarding the podcast
• Amann is not saying WWE wrestlers’ view of him has changed as a result of the podcast
• A text exchange between Amann and former WWE security guard Murial Powell is shown where Amann says, “I promise not to give you a Z Pak lol”
• A group text was shown for a group called “NXT Wannnabee Club”
  • The group text included Chris Jericho, Zack Ryder and Dolph Ziggler (all under their real names, not ring names)
  • Ryder asked when he was going to be cleared to which Amann wrote, “Sergeant Hulka, you’re our big toe. Broski is too young to get that reference. #ZPak”
• Amann has no reason to believe that Punk or Cabana tweeted about Z Paks, just several fans
• A variety of negative tweets from fans are shown, some referencing Z Paks and other didn’t
  • One of the Twitter accounts was under the name “Mike Litoris” which got a soft laugh around the room
• Amann agrees that no one in his immediate life has changed their opinion of him, just strangers on social media
• Cabana’s lawyer begins cross examination
• Amann met Colt around 2010
• Amann became aware of Colt’s podcast on Thanksgiving morning via a tweet referencing the Art of Wrestling
• Amann spend most of Thanksgiving day researching tweets about the podcast in his home guest room and library
• Amann was concerned and angry and couldn’t focus on his Thanksgiving with family
• Amann claims to have only responded to one negative tweet from a fan by saying, “Your tweet is very offensive.”
• Amann never responded to any of the tweets by saying they were wrong
• Amann listened to the podcast during the late morning of Thanksgiving day while his family arrived
• Cabana’s lawyer is far more forceful and direct, he seems to be waking up the jury
• Amann says that WWE trainer Larry Heck has referred to other WWE physicians as “doctors” who are not really doctors
• Amann is not positive that Punk’s line in the podcast, “They Z-Pak’d me to death,” was about him
• Cabana’s lawyer hammers the use of the word “they” as opposed to “he” and whether or not his comments could even be about Amann
• Amann was worried what the WWE office would think after hearing the podcast
• Amann was under the understanding that the fans at shows were chanting “z-paks” and “CM Punk” at him in regards to the podcast
• Amann admits that he does not know if Colt knew what Punk was saying was false
• Amann says Colt never told him that Pink holds ill-will towards him
• Amann says he didn’t contact Colt about Punk’s real health issues because he worried it would violate HIPAA law
• Amann says he did feel an obligation to protect the wrestlers in the 2014 Royal Rumble match
• Cabana’s lawyer ends and Amann’s lawyer resumes questioning
• Amann never heard a “Z Pak” chant directed at him before the Art of Wrestling podcast with Punk
• Amann never received harassing tweets about “killing Punk” before the AOW podcast
• Amann was the only doctor working ringside for the 2014 Royal Rumble
• Amann claims to have never prescribed a Z Pak for depression, concussion or sore ribs
• On 12/2/13 Amann refers Punk to Oklahoma Diagnostic Imaging
  • Clinical History: 35 year old male who complains of right lower rib pain and is coughing up yellow sputum
  • Amann’s diagnosis was that he had symptoms of sinusitus
  • Prescribed Punk augmentum
• Amann says he only prescribed Punk a Z Pak for sinusitus
• Amann’s lawyer ends their questioning and Punk’s resumes
• Amann again says HIPAA is why he couldn’t openly denounce the claims
• A sidebar is taken and the judge and lawyers leave the room
  • Punk and Cabana again move to sit closely next to each other and discuss the trial
  • Punk then walks over to the candy dish in front of the jury box
  • Punk and Cabana both gave me peppermints, I gave one to the guy behind me
• 11/27/14 text exchange between Jericho and Amann is shown
  • In the text Amann says that Punk’s health was nothing like he described leading Punk’s lawyer to ask why he had decided to disregard HIPAA law in the texts
• 11/27/14 text exchange between Justin Roberts and Amann is shown
  • Amann says that Punk’s comments were a fabrication of the truth
  • Also state that there are extensive records of everything Punk has been diagnosed with and prescribed in WWE
  • Amann also claims that Punk tarnished his professional reputation, “whether the claims are true or false.”
• A pre-recorded interview from 4/23/18 with former WWE time keeper Mark Yeaton is shown
  • Yeaton worked for WWE from 1984-2014 and, “wore many hats”
  • Yeaton says his official title was “production manager”
  • The video feed got dropped and Punk softly booed and then apologized
  • Yeaton referred to the area he sits at ringside as “Yeaton Corner”
  • Yeaton wears double muff headphones to block out the crowd noise and be able to hear directions from the back
  • Yeaton always knew that Vince and Kevin Dunne were able to hear him but others on the line would mute him
  • Yeaton would use hand signals to communicate cues to the refs
  • Yeaton admits his memory is foggy, “Because I thought I’d put the whole company out of my mind.”
    • Punk laughed pretty loud at that line
  • If a ref would give the “X” signaling a wrestler was injured his job was to make sure the camera would cut away and then communicate directly with the ref about what to do
  • Refs do not have mics to communicate with Gorilla
    • Except in the case of Falls Count Anywhere matches
  • Yeaton can’t recall if Amann communicated with him at the 2014 Royal Rumble
  • Yeaton does recall Amann communicating to him a Punk injury but doesn’t remember the specific show
  • Yeaton’s only recollection of Amann asking about a Punk concussion only happened once, so it had to be the 2014 Royal Rumble
  • Yeaton recalls Amann telling him Punk was concussed and to get him out of the match
  • Vince, Dunne, Triple H and Stephanie probably heard his call in the Gorilla position
  • Yeaton says it was probably Vince who told him to, “Get him out of there.”
  • Yeaton remembers telling Punk to leave the ring but Punk playfully laid on the mat in the corner and held the ropes
  • Punk’s lawyer takes over the questioning in the video
  • Yeaton says he was expected to follow Vince’s orders
  • Yeaton notes that there have been times Vince has had him ring the bell to end a match early
  • Yeaton does not recall how long it took Amann to go tell Punk to eliminate himself after the order came in
  • Yeaton notes that Punk loved performing in the ring
  • Cabana’s lawyer takes over the questioning
  • Yeaton doesn’t recall Amann using a flashligh to check Punk’s eyes in the corner
  • Punk’s lawyer takes questioning back over
  • Yeaton says he knows that Vince watches the matches from the back but doesn’t know if he was watching right then

The court then adjured for the day.


Read more at CM Punk & Colt Cabana v Dr. Chris Amann Trial Day 2 Afternoon Notes - Wrestlezone "

Source: CM Punk & Colt Cabana v Dr. Chris Amann Trial Day 2 Afternoon Notes - Wrestlezone

 

[Super Saiyan Goku]

Day 3 Notes:
​

"I have been at the Cook County Courthouse, covering Day 3 of the trial between CM Punk, Colt Cabana & Dr. Chris Amman for WrestleZone.

Here are all of the notes from before the trial broke for lunch.

• Amman arrives just before 9:05am CDT, Cabana arrives shortly after.
• Punk arrives around 9:10
• Punk and Cabana are very friendly before the trial.

Video testimony of Timothy Gaeng (recorded 4/26/2018) is played.

• Gaeng was the Audio Tech (A2) for the 2014 Royal Rumble
• Gaeng was responsible for setting up “pertinent equipment,” which would’ve been ringside during the 2014 event
• Works “televised events,” “RAW shows, SmackDown shows,” and then PPVs as well.
• Gaeng says “I was responsible for setting up the announce headsets and ringside headsets” for the 2014 Royal Rumble
• Gaeng establishes that Gorilla Position is approx. 30-40 yards from the ring.
• “I was in the ring announcers corner.”
• Gaeng says he was “20 feet at most” from the ring during 2014 Royal Rumble
• Gaeng was able to hear any communications from the production truck.
• “I was able to hear anyone talking on [ring channel]”
• Gaeng was able to speak with any A2s or his A1 [supervisor] over his audio system.
• Gaeng confirmed Punk’s participation in 2014 Rumble and was aware of an incident, though he did not see the injury occur
• Gaeng heard ring channel communications ask referee if Punk was ok.
• When asked, “Who was the doc?” Gaeng responded “That would be Dr. Chris Amman”
• Gaeng heard, “All I heard over the headset ‘is he hurt? Get him out of there,'” and said this likely came from Gorilla Position. Gaeng recognized the voice as Paul Levesque (HHH), “that’s the voice I remember distinctly.”
• Gaeng says he heard HHH say “If he’s hurt- Check on him if he’s hurt, get him out of there.”
• Gaeng says he heard the above more than once, but not more than 5 times.
• Gaeng can’t recall any communications about Punk after that.
• Gaeng states that Audio Techs wear a different audio device than referees.
• Medical Staff and Referees wear same communication device.
• Gaeng saw a ref, or possibly multiple refs, checking on Punk
• Gaeng says HHH or possible Vince McMahon said “If he’s hurt, check on him.”
• “It kept going on for minutes,” Gaeng said. When pressed, he estimated it lasted “several minutes.”
• Gaeng didn’t see Punk get treated by Amman, didn’t hear any conversations
• It is possible that Amman or other medical staff checked on Punk but Gaeng says his primary concern was his audio duties.

Video testimony of Larry E. Heck (recorded 5/22/2018)

• Heck is the SmackDown Athletic Trainer, and has been with WWE for 17 years.
• Heck is in charge of setting up the mobile training center at all SmackDown events (Sat.-Tues.)
• Heck describes the difference between RAW and SmackDown.
• Heck knew Punk as a WWE Employee, “I believe he was on SmackDown.”
• From 10/2013-1/2014 Heck helped Punk “as needed, per show”
• “At times, I would tape his ankles, tape his knees, stretch him.”
• “It would be nightly, per request.”
• Always done in arena, prior to event, in training room.
• From 10/2013-1/2014 Heck provided Punk with Hot Packs.
• Heck kept a direct treatment log, that he’d fill out day of treatment an electronically sign. These logs would then be added to Punk’s medical report.
• System gives Heck access to previous records.
• Heck describes his services to punk (ankle taping, knee taping, lumbar stretching)
• Heck says stretching was focused on lower back and lower extremities, hips, etc.
• Heck primarily applied 12″x12″ hot packs to Punk’s bare lower back, below the beltline. Punk would go through multiple hot packs a night, often not removing them until he was “seconds” from going through the curtain.
• Heck is shown CM Punk’s entrance from the 2014 Royal Rumble and points out where the hot pack would be applied.
• From 10/2013-1/2014 Heck noticed no infection, lump, or irregularity on Punk’s lower back.
• Heck never saw Punk bring up a lump or infection to Amman, nor did he see Punk ask any other medical staff to cut out a lump or infection.
• Heck was radioed directly by Amman about Punk’s concussion during the 2014 Royal Rumble
• Heck said Amman told him Punk was “concussed.”
• Heck went to Gorilla Position, where he was five feet from HHH and Vince McMahon.
• Heck told HHH that Amman said Punk was concussed.
• Heck doesn’t remember any other conversations, other than telling Punk to “stay with the doctor.”
• Billy Kidman was on the radio chatter.
• Kidman was the one telling Punk to “stay down.”
• Heck helped Punk backstage and witnessed him cuss people out and leave.
• Heck said he and Amman tried to get punk to stay.
• Punk was angered that they stopped him from what he was supposed to do in the match.
• Heck confirms that anger, confusion and nausea are signs of concussion.
• Heck did not hear or witness any further communication.

Cabana recognized a fan in the Royal Rumble video that is now a wrestler.

Video testimony of Referee John Cone (recorded 5/3/2018)

• Cone describes himself as “Essentially, an actor in the play we put on.”
• Cone was one of four referees involved in 2014 Royal Rumble
• Cone can only hear Michael Hayes and Billy Kidman over his earpiece during Royal Rumble.
• Cone can only communicate through hand signals, “Yes” is a closed fist, “No” is a shake of the head, “X” is an injury.
• Cone describes selling, said Punk was selling to the corner.
• First communication about Punk came after Amman had already talked with Punk at ringside.
• Cone: “Are you ok?” Punk: “I’ve got a fucking concussion.” Cone: “Stay down.”
• Cone is told “Tell Punk to stay down, we’re gonna send Kane to take him out early.”
• Cone relayed the message to Punk. Punk responds “If you make me leave this fucking match, I’ll fucking quit now.”
• Cone repeated the direction, but Punk pie-faced him.
• Cone describes a pie-face.
• Royal Rumble footage is shown and Cone identifies himself in the footage.
• Cone confirms that he refereed matches for CM Punk between 10/2013-1/2014
• Cone confirms that Punk wrestles shirtless.
• Cone was never made aware of, and never saw, a lump, infection or anything unusual on Punk’s lower back.
• Cone had no way to hear Amman talking with Punk or any communications afterwards.

Video testimony of Glenn Jacobs (recorded 5/2/2018) is played

• Kane identifies himself as an in-ring performer.
• Kane discusses how wrestlers will plan out a match, or in this case, a Royal Rumble elimination.
• Kane says Punk never made him aware of any lump or infection
• Kane says he cannot recall wrestling Punk between 10/2013-1/2014.
• Kane confirms he eliminated Punk “illegally” from the Royal Rumble, eliciting a chuckle from Punk in the courtroom.
• Kane says the elimination occurred as planned, though possibly earlier.
• Kane was not privy to Amman and Punk’s conversations.

Break For Lunch


Read more at Punk/Cabana v Amman Trial Day 3 Morning Notes "

Source: Punk/Cabana v Amman Trial Day 3 Morning Notes

May 31, 2018
CM Punk & Colt Cabana. Here are the notes from the afternoon session of 5/31.

• Court reconvened at 1pm CDT

Video testimony of Mark Carrano (recorded 5/3/2018) is played.

• Carrano confirms he’s been Vice President of Talent Relations since 2/1/2015.
• Carrano originally states that he became Senior Director of Talent Relations in 2014, but corrects himself and says he started a Senior Director in 2010.
• Carrano confirms that he oversees all aspects of talent.
• Counsel: “Is wrestling a competition?” Carrano: “Yes.”
• Carrano describes wrestling a “Live Event Action Movie”
• Carrano confirms he was at the 2014 Royal Rumble
• Carrano, in describing the Rumble match, confirms that entrance intervals have “Creative Liberty”
• Carrano confirms the Rumble is predetermined
• Carrano started the Rumble in the Talent Relations office, but made a 4 minute walk to Gorilla Position, where he remained for the length of the match.
• Carrano describes Gorilla containing Vince, Triple H, Billy Kidman, and Michael Hayes
• Sometimes up to 10-15 Superstars are lined up in Gorilla during the Rumble.
• Vince is on a monitor and headset, and is talking to announcers.
• HHH was also on headset and monitor
• Billy Kidman was the Rumble timekeeper.
• According to Carrano the match was put together by Michael Hayes and Jamie Noble, but only Hayes was in Gorilla.
• Carrano noticed Punk took a strike (can’t confirm clothesline or kick) from Kofi kingston and landed oddly.
• At that point, Carrano, Triple H & Hayes all descended on Billy Kidman, all asking Kidman to ask the refs if Punk is hurt.
• “Check on Brooks [Punk]. Is he ok? Is he hurt?” -Billy Kidman
• Referee John Cone was the only one to signal to the back, and only signaled that he received their communications.
• Carrano saw Punk and Cone talking. Counsel: “What did you observe?” Carrano: “An aggravated superstar.” Carrano doesn’t recall anyone but Cone talking to Punk.
• Kidman told refs to get Punk out of the ring, multiple times.
• Carrano confirms seeing Amann and Punk talk on camera. “He [Punk] seemed displeased.”
• Counsel: “Did Mr. Brooks continue to wrestle after [Dr. Amann’s talk]?” Carrano: “Yes.”
• Carrano says Punk never brought up a lump or infection.
• Carrano says Punk brought up his concussion the next day, in Cleveland.
• Carrano says Punk was in the arena until around 5pm.
• Carrano says Punk voiced displeasure with Medical Staff.
• Carrano says that Punk was concerned that future storylines were harmed by changing the elimination. Carrano also said that he had no knowledge of creative plans, so he didn’t know what change Punk was talking about. In the courtroom, Punk looked confused at this statement.
• Carrano says Punk was upset with the testing, company, anything that involved Punk getting removed from the match early.
• Carrano said Punk was mainly angry about medical staff changing creative plans.
• Carrano says Punk never brought up his back during this conversation.
• Carrano says he has not seen Punk, outside of text messages or email, since the night after the 2014 Rumble.
• Carrano says he was not aware of any anti-biotic treatment.
• Carrano was not made aware of any bump or infection.
• Carrano confirms that he saw Punk with his shirt off.
• Carrano confirms that he saw no lump or infection of any kind.
• Carrano believes everyone in Gorilla Position was concerned.
• After elimination, Carrano said Punk was “irate.”

Testimony of Scott Colton

• Colt confirms that Art of Wrestling has been around since 2010.
• Colt confirms that Art of Wrestling is taped in advance.
• Colt confirms he has edited out parts of his podcasts in the past.
• Colt confirms that he is responsible for promoting the podcast, using Facebook, Twitter, and his own website.
• Colt confirms that he uploads the podcast to YouTube.
• Colt confirms that it is on iTunes, through Soundcloud.
• Colt confirms that episode 226, starring CM Punk was uploaded on 11/26/2014
• Counsel brings up Colt saying the podcast has 3 million listeners but Colt only says “to the best of my recollection.”
• Colt confirms that he told a childhood friend that the podcast has “almost 3 million listeners.”
• Colt says he got that number through analytics.
• Counsel brings up ep. 226 getting 1.5 million downloads in 4 days, but Cabana responds “I wouldn’t know.”
• Counsel presents a text to the CEO of EarWolf in which Colt mentions “Well over 1.5 million downloads.”
• Colt confirms that this was a new record for the podcast.
• Colt confirms that YouTube user AJUniverse streamed ep. 226 on YouTube.
• Counsel enters Exhibit 16, a screen capture of AJUniverses YouTube page, and the 1,041,409 views that said upload received.
• At this point a juror’s phone went off.
• Colt confirms that people had to click play on YouTube to listen to the podcast.
• Colt confirms that AJUniverse outperformed Colt’s page due to Colt’s page suffering a server crash.
• Colt confirms starting to use Soundcloud in 2014.
• Colt confirms receiving a Cease & Desist from Dr. Amann.
• Colt confirms that the letter asked him to post a retraction of the statements in ep. 226
• Text messages between Cabana & Punk [confirmed by Colt]
  Cabana: “I just got a physical letter from Amann.”
  [Cabana confirms that Punk received a Cease & Desist as well]
  Punk: “Poor guy, I almost feel bad I was mean.”
• Colt refuses to confirm that he knew Punk was talking about Amann. Colt suggests that Punk might’ve been talking about the entire medical staff.
• Text message from Punk: “But fuck him.”
• Colt confirms that he continued to distribute ep. 226, w/o retraction or editing, for 2.5 years.
• Colt confirms distribution through Soundcloud, website, etc.
• Colt confirms that Art of Wrestling starts on Soundcloud.
• Colt confirms that Soundcloud provides metrics that aren’t available to the public.
• Colt confirms worldwide distribution, including listeners in United Kingdom, Canada & Saudi Arabia.
• Colt cannot confirm that he has no reason to trust the analytics. Colt began to answer that EarWolf recently moved away from Soundcloud but it was struck from the record.
• Colt says he understood the SC analytics to be “accurate enough.”
• Colt says he made ep. 226 unlisted on YouTube Direct, and is not sure if it is still accessible.
• Counsel gives Colt his phone and makes him enter the URL of ep. 226 on YouTube, proving that it is unlisted but ultimately playable.
• Using the phone Colt confirms the current plays are at 789,630 on the “unlisted” version.
• Colt confirms that he uploaded to YouTube Direct after the Cease & Desist.
• Colt cannot confirm how close to 3million listeners he actually had.
• Colt confirms that Punk showed him his back, but can’t confirm if it was 2013 or 2014.
• Colt confirms that Punk’s lump looked like a “bubble” or “half an egg”
• Colt confirms Punk showed the lump to Colt.
• Amann’s attorney then realized he’d been reading from the wrong deposition and started again.
• Colt is reprimanded by the judge for questioning the attorney.
• Colt confirms that he never questioned Punk’s story about the lump.
• Text from 12/1/2014:
  Punk: “Like a zit that was golfball sized.”
• Colt says it looked like “half an egg.”
• Colt confirms that both an egg and a golfball are smaller than a baseball.
• Colt confirms that he never saw paperwork proving MRSA or Staph diagnosis, same for paperwork regarding treatment.
• Colt confirms he never contacted Amann, WWE, et al.
• Colt confirms he didn’t know Amann’s name until the Cease & Desist.
• Colt confirms that Punk called Amann “the most worthless piece of shit he’d ever met.”
• Colt confirms that Punk was not unbiased.
• Colt confirms that he never contacted Dr. Patrick Batemen.
• Colt corrects counsel that the name was Patrick Duffy.
• Colt confirms that he never met any Tampa doctor.
• Colt’s lawyer takes over.
• Colt cannot confirm that any of his listeners listen to his entire podcast, or what part to which they listened.
• Colt’s lawyer attempts multiple times to get Colt to say that “one person pressing play a hundred times, counts as 100 plays,” but Amann’s lawyer shuts it down everytime until Colt’s laywer abandons the line of questioning.
• Colt confirms that the server only crashed one time.
• Colt says he didn’t think anything Punk said was false.
• Colt says the Cease & Desist did not change his mind.
• Colt says the letter gives no reason to doubt Punk.
• Colt says Amann never contacted him.
• Colt says he never saw a “baseball-sized” lump.

15 minute break

Video testimony of Physician’s Assistant Patrick Duffy (recorded 8/16/2017) is played.

• Duffy has been practicing for 11 years, licensed in Florida.
• Duffy is authorized to treat dermatological issues.
• Duffy is certified by the NCCPA, and his license is, and has been, in good standing.
• Duffy worked at Academic Alliance & Dermatology for 8 years. (where he saw and treated Punk and other wrestlers)
• Duffy did not attend medical school, and is not an MD.
• He never calls himself a doctor, only a physician’s assistant.
• Has diagnosed MRSA in the past
• Has treated MRSA in the past
• Duffy explains the steps to diagnosing MRSA (can be done by eye, but a culture is usually done to confirm presence of bacteria)
• Duffy confirms seeing Punk as a patient on 2/13/2014
• Duffy goes over Punk’s medical report from the visit. While his original deposition is filled with “do not recalls,” he helps confirm that Punk told him he had the “spot” for two months. All symptoms suggested drainage as the best treatment.
• Duffy confirms that Punk had a fatty, sore, tender, red lump on his lower back.
• Duffy confirms treating inflammation and swelling.
• Duffy describes the procedure, that requires using a scalpel to pierce and drain the lump.
• The Jury’s eyes have begun to glaze over.
• Duffy confirms that he would have cultured Punk, but Punk refused due to lack of insurance.
• Duffy confirms the use of cortical steroid injection to treat inflammation.
• Duffy indicates there was no “central pustule” that is usually an indicator of staph or MRSA.
• Duffy claims that the lump was not “golfball” sized, or else he would’ve noted it in the records.
• Duffy says “baseball sized” definitely would’ve been noted, had it been the case. It was not.
• Duffy describes the procedure as unremarkable. None of the squirting and screaming that Punk talked about on the podcast.
• Duffy prescribed an anti-biotic [monodox], as he’s done for everything ranging from skin infections to acne.
• Duffy confirms scheduling Punk a follow-up for one week later. Punk does not go to the follow up.
• Duffy sees Punk again on 3/20/2014, Punk still has a lump but Duffy doesn’t diagnose as anything other than a benign lump.
• Punk was reportedly responding well to Monodox.
• Duffy confirms that he wrote Punk an excuse note that mentioned possible Staph or MRSA, but the ICD code identifies that it was diagnosed as a cyst.
• Duffy confirms that Punk asked for the excuse note.
• Duffy was not aware of who Punk wrestled for on 3/20/2014.
• Duffy says staph is common in wrestling.
• Duffy confirms that MRSA is a subset of staph.
• Duffy confirms that he has brought up staph to patients in the past.
• A juror appears to briefly fall asleep, but wakes up soon after.
• Duffy explains the drainage procedure.
• Duffy says that the procedure can cause pus to discharge, hence eye protection, but that he did the procedure carefully.
• Duffy confirms that a central pustule is not needed to diagnose MRSA or staph.
• Duffy explains rationale and procedure for culturing.
• Duffy confirms that a patient that does better on anti-biotics likely had or has an infection.
• Duffy confirms he has never forged an excuse note to meet a patient’s wishes.
• Duffy cannot recall discussing ICD codes with patients.
• At follow up, Duffy did not culture, as Punk was responding to anti-biotics.
• Duffy confirms that he wore a white coat with his name embroidered on it during the appointment.
• Duffy confirms that staph infection doesn’t respond to Z-Pack antibiotics.

Court wraps. Still left to testify are CM Punk, Colt Cabana (again), and AJ Mendez-Brooks.

• As all parties were leaving, a bald juror in a black shirt entered the elevator with Amann’s lawyers, Colt, and Colt’s lawyers.

Read more at CM Punk & Colt Cabana v Dr Chris Amman Trial Day 3 Afternoon Notes "

Source: CM Punk & Colt Cabana v Dr Chris Amman Trial Day 3 Afternoon Notes

 

[Super Saiyan Goku]

Day 4 Notes:
​

"I was down at the Cook County Courthouse for day 4 of the Dr. Chris Amann vs. CM Punk & Colt Cabana trial.



Here all the full notes from the morning session:

After pre-trial discussion between counsel about suits, “Do you remember when suspenders were in?” “No,” the plaintiff’s side rested. This led to defense motioning for a Direct To Verdict, on the grounds that the Plaintiff has yet to prove any defaming statements. Judge denies the motion. The trial resumed at 9:45am.

Testimony of Scott Colton (Colt Cabana)

• Defense tries to get Cabana to talk about his childhood and early days of wrestling but a series of objections derails this line of questioning.
• Colt talks about wrestling being a “different, niche world.”
• Colt says he wrestles, “[does] YouTube,” produce podcasts, sew costumes, “comedian, kind of.”
• Colt says he met Punk at Steel City Domain Wrestling School in 1999 and they became fast friends.
• “Two of the ones who really loved wrestling the most.”
• Colt confirms that their friendship continued after wrestling school.
• Punk gives a history of the ways he and Punk have stayed in contact, (text, email, applications, etc.)
• “How often did you see each other?” “All the time.”
• Colt describes Punk as “passionate,” before counsel objects to the line of questioning.
• Colt confirmed that he was introduced to WWE through Dr. Tom Pritchard, and would try and get booked as an extra any time they were within 8-10 hours driving.
• Colt signed his contract in 2007, while plaintiff’s lawyers start to object to the relevance of the statements.

SIDEBAR, Colt is left on the stand, Punk goes into a side room. Leading to a tense moment as Amann and Colt tried not to make eye-contact.

• Colt confirms employment with WWE from Apr. 2007-Feb. 2009.
• Colt confirms that Art of Wrestling started in 2010.
• Colt describes Art of Wrestling as having an intro, a middle, and a conclusion.
• Colt says he “gives [his] friends an outlet in the world of wrestling that fans don’t hear.”
• Colt describes learning to podcast as a “trial and error” process.
• When asked how he books his podcast he says, “I ask them if they’d like to be on my podcast.”
• “I bring my recorder, plug it in, give my friend a microphone, hit record…hit stop when it’s done.”
• Colt confirms that Punk was the one to bring up the idea of Punk being on AoW.
• Cabana says he was “well aware” of Punk’s situation.
• “The wrestling community wanted to hear what he had to say.”
• “At the time we were living 4 blocks from each other.”
• Colt describes riding his bike to Punk’s, entering through the back entrance, and recording the podcast on Punk’s couch.
• AJ Mendez-Brooks might’ve been present but Colt cannot confirm.
• “Phil and I talked everyday.”
• “I was living the situation as he was living it.”
• Colt believes he met Dr. Amann prior to podcast.
• Colt doesn’t remember Dr. Amann’s name coming up during recording, and didn’t call Dr. Amann afterwards.
• Colt says Punk showed him the lump, “Hey wanna see this thing?” This is met with an objection.
• Colt confirms he heard about the lump, and saw it before the 2014 Royal Rumble.

At this point, an entire class of 8th graders enter the courtroom.

• Colt says he saw Punk shirtless in his house in 2013. Punk was shirtless and “wearing the camo shorts he always wears.”
• Defense produces Punk’s camo shorts from seemingly under the desk, as Exhibit 117.
• Colt identifies the shorts as Punk’s.
• Colt, on the lump: “It was disgusting.”
• Colt says the lump was on the left side of Punk’s waistline, and that it was raised, discolored, gross.
• Colt talked to Punk “every day that I was home.”
• Colt saw the lump “at least more than once.”
• “It was my understanding that he was constantly asking WWE-” [cut off by an objection]
• Colt confirms he didn’t see the Royal Rumble until after the podcast, had no way of knowing Amann was ringside.
• Colt does not believe Punk brought up Amann.
• The only part where Colt thinks Punk brought up Amann had to do with an unrelated story about Punk’s elbow.
• Colt believes that the “they” in “They Z-Packed me to death” was general WWE Medical Staff.
• Colt says the same for every comment in podcast.
• Counsel is stopped from asking about getting emails from listeners.
• “I knew it was gonna be a big episode.”
• Colt confirms he never received an email from Amann.

SIDEBAR

• Colt recalls receiving the Cease & Desist but objections aplenty derails the line of questioning.
• Colt restates that his pre-podcast knowledge of Amann was limited, if at all.
• Plaintiff’s counsel takes over.
• Colt was aware that Amann “had beefs” (plaintiff’s counsel’s words) regardless of not getting email.
• Colt did not know that the “doc” from the podcast quotes were Amann, or even if they were talking about an actual doctor.
• Colt confirms seeing lump because Punk had his shirt off.
• Colt recalls seeing the lump a second time, but couldn’t recall in original deposition.”
• Cabana: “I think there’s a long answer.” Counsel: “You answered in about six words.”
• Colt can’t recall how many times he saw the lump.
• Colt can’t recall seeing the lump change size.
• Colt confirms being in Japan in fall of 2013, but gets confused on dates.
• Colt confirms Punk in Europe until 11/17/2013
• Colt can’t confirm if Punk told him he was on anti-biotics.
• “I don’t want to say anything wrong.”
• When pressed, Colt can’t remember any of Punk’s comments about anti-biotics.
• Colt confirms he has never been treated by Amann.
• Counsel plays podcast clip, in which Cabana says he wants the story to be heard by “as many ears as possible.”
• “I thought it was a wild story.”
• Counsel tries to get Cabana to define what he meant by as many ears as possible, but Cabana keeps the definition at “whoever was listening.”
• Colt expected people to talk about the story. “I just wanted people to listen.”
• Colt’s lawyer takes over.
• Colt confirms that he saw the lump a “variety” of times.
• Colt confirms he didn’t believe Amann was the doctor.

BREAK

Before court resumes, the attorneys get in a fight over how much footage from the 2014 Royal Rumble can be shown. Amann is on screen, but his lawyers do not want footage of Kane chokeslamming Punk through the announce table shown to the jury.

Judge: “I don’t know who Kane is.” Counsel: “The big man without a shirt.”

Judge calls counsel into the hallway, where indistinct shouting is heard.

Court resumes.

Testimony of Phil Brooks (CM Punk)

• Punk identifies himself as a UFC Fighter and freelance comic writer for Marvel Comics.
• Punk says he didn’t listen to the podcast until just before the trial.
• “I sure do swear a lot.”
• Punk says he’s a different person.
• “I sure was bitter.”
• Punk almost starts crying, saying hearing who he was back then “brings up memories” of things he doesn’t care about anymore.
• Punk confirms that he started wrestling at age 15, as The Punk.
• Punk talks about hitting a wrestling with a roll of quarters and says, “Alls I’m saying is I’ve got a lot cents.” [possibly stating this is his first promo]
• Punk confirms that being a member of a tag team The Chick Magnets is where his CM comes from, thus entering into public record that CM stands for “Chick Magnet”
• Punk discusses growing up in Lockport, IL and his early friendship with Cabana.
• Punk confirms signing with WWE in 2005.
• He describes his character as “punk rock kid, what you see is what you get, straight edge.”
• Punk describes the straight edge lifestyle.
• Punk confirms he is still straight edge.
• Punk describes tactics in playing a straight edge face vs. playing a straight edge heel.
• “I like punk rock.”
• Punk describes DIY [the movement, not the tag team]
• “Everyone has guilty songs on their iPod, enjoy it.”
• “Genesis of podcast was I’d left WWE. Up until that point I’d been silent, the other side…not so much.”
• “I just wanted to set the record straight for my fans.”
• Punk explains what a Shoot Interview, as well as the overall concept of “shooting” in pro-wrestling.
• Punk says goal of podcast was to “paint a picture.”
• “It’s my story. I’m just telling my story.”
• Punk confirms Cabana’s testimony.
• Punk cannot confirm AJ’s presence during podcast recording.
• Punk says there was no formality, no difference between normal conversation.
• Punk hated holding the microphone.
• Punk had not seen his WWE Medical Report, was not copied on it.
• Punk confirms feeling symptoms listed in Medical Report.
• “I felt sick overall.” Headaches, lack of sleep, no appetite, vomiting after exaggeration. Narrowed vision, dizziness, neck couldn’t support head.
• Punk defines taking bumps and running the ropes.
• Punk confirms vomiting after every match.
• “My head was a fishbowl.”
• Punk discusses having crying spells.
• “I’d be in catering, one sec fine, next welling up.”
• I’m sure I wasn’t fun to be around.
• Coughing started in September of 2014, subsided, and then came back in November.
• Punk describes rib pain but can’t describe the initial injury.
• Defense reads podcasts statements about concussion before Europe 2013.
• Punk talks about “getting [his] bell rung” by Luke Harper.
• Punk confirms no one but Dr. Samson treated him on European tour.
• Punk confirms no one but Dr. Samson talked to Punk about concussion.
• Punk confirms symptoms worsening in Europe.
• Punk confirms Dr. Samson gave him a Z-Pack.

Break For Lunch


Read more at CM Punk & Colt Cabana v Dr Chris Amann Trial Day 4 Morning Notes "

Source: CM Punk & Colt Cabana v Dr Chris Amann Trial Day 4 Morning Notes

"I was over at the Cook County Courthouse for Day 4 of the trial of Dr. Chris Amman v CM Punk & Colt Cabana. Here are the notes from the afternoon session.

Continued Testimony of Phil Brooks (CM Punk)

• Punk cannot confirm the definition of Z-Pack. “It’s antibiotics.”
• Punk recalls only officially being prescribed antibiotics once.
• Punk says the rest of his antibiotics were received in a small envelope. He’d text Drs. Amman or Samson, or he’d ask them in person for antibiotics.
• Punk notes he could ask for them anywhere in the building. “Whenever I wanted them.”
• Punk confirms getting Z-Packs from Dr. Samson
• Antibiotic line of questioning is derailed by objection after objection from Amman’s attorney. Judge sustains as Punk’s attorney is not doing a great job of laying foundation for her line of questioning.
• Punk confirms getting a little envelope of antibiotics on 2013 European Tour.
• Punk confirms he was never given paperwork, electronic or otherwise, for antibiotics
• Punk confirms symptoms would get worse as he wrestled, and would subside when he rested.
• Punk’s attorney tries to ask about the Z-Pack stories from the podcast, but can’t ask without leading and is stopped by Amman’s attorney repeatedly, until line of questioning is abandoned.
• Punk confirms being at 2014 Royal Rumble.
• Punk describes the Royal Rumble match rules.
• Punk describes the pre-match meeting that wrestlers attend for Royal Rumble.
• While the eighth graders from the morning session did not return, a few wandered in for Punk’s testimony.
• Punk, about the Royal Rumble being scripted: “Writers don’t have a lot of say in what happens in the ring.”
• “Writers write storylines. Wrestlers put their matches together.”
• Punk describes the process of wrestlers deciding eliminations. Wrestlers are given a list of entry numbers and eliminations and are supposed to build from there.
• Punk can’t recall how many wrestlers he interacted with that day.
• Punk was supposed to be one of the last 4 in the ring.
• Punk describes a clothesline, both the move and the laundry equipment.
• “Is there contact or is there simulated contact?” “Oh no. There’s contact.”
• Punk describes what makes up a wrestling ring.
• Footage of Kofi Kingston clotheslining Punk from the 2014 Royal Rumble is shown.
• Punk confirms clothesline was planned.
• Punk praises Kofi’s athleticism.
• Punk confirms the clothesline gave him a concussion.
• Punk can’t confirm how long he’d been in the Rumble.
• Punk explains a flat back bump.
• Punk says there’s no ill will or blame on Kofi for the concussion. “We probably crowded each other.”
• Punk describes the feeling of being concussed.
• Punk confirms he had no notes for Cabana’s podcast.
• Punk told a camera guy, whom Punk only knows as “Johnny Photo,” to get Dr. Amman.
• Punk stands by his version of the conversation he relayed in podcast.
• Punk confirms feeling “helpless” when Amman responded to his concussion with “What do you want me to do?”
• Punk confirms asking to compose himself mid-match during the 2014 Royal Rumble.
• Punk has started crying.
• Punk describes his judgement in 2014 as “poor.”

SIDEBAR

• 10-15 minute break is called, Judge tells Punk to compose himself.
• Punk agrees that he disagreed with instructions during Royal Rumble.
• Punk says he only had one conversation with Amman during Rumble.
• Punk confirms viewing the entire Royal Rumble PPV(at a later date)
• Punk cannot recall his conversation with Amman happening on screen.
• Video footage of Amman is shown from later in the match, counsel states it is the only time Amman’s face is visible on tv.
• Punk confirms not seeing Amman’s face on TV in his Rumble viewing.
• Punk recalls The Lump first appearing in fall 2013.
• Punk confirms traveling by bus from city to city while working for WWE.
• Punk confirms providing his own bus.”It cut down on wear and tear.”
• Punk confirms changing and showering on bus.
• Punk confirms himself, AJ, Kofi Kingston and the bus driver as the main group that traveled on the bus, but there would be a “rotating crew of people.”
• Punk describes the process of dropping off wrestlers at the arena. After which, Punk would stay on the bus until it was time for him to be at the arena.
• Punk confirms changing on bus.
• Punk confirms changing alone.

Punk is handed a target bag by his attorney.

• Punk defines wrestling gear
• Punk confirms that all of his gear came from a WWE seamstress, Julie.
• Punk is asked to describe his gear: Speedo, trunks, kickpads, etc.
• Punk takes exhibit 119, his speedo, out of the target bag.
• Punk positively identifies the speedo as his speedo.
• Punk mentions that it is the only speedo he ever wore in WWE, and calls the fact a “little piece of WWE Trivia.”
• Punk takes exhibit 120, a pair of black and white wrestling trunks, out of the bag and positively identifies them as his trunks from the 2014 Royal Rumble.
• Punk confirms that he’d wash his speedo in the sink.
• Punk pulls out a pair of shorts that he would wear backstage, so as not to appear bottomless, and positively identifies them.
• Punk says wearing a Gracie hoodie in his entrance was “not typical,” but it was what he had in the bus at the time.
• Punk describes the fit of his gear. Trunks are tighter than speedo.
• Punk shows on his person where The Lump was, points to his beltline.
• Punk claims to still have a scar where The Lump was.
• Punk doesn’t know why he said “back,” and not “butt.”
• Punk points out on his RR trunks that The Lump would’ve been “above or around the star,” on the left side of his waist.
• Punk defines a hydroculator (used to warm hot packs)
• “If no one was in the trainer’s room, I’d do it myself.”
• “I had a bad everything,” Punk, on his injuries.
• Punk points out the area on his lowerback where he would use hot packs.
• Punk said no one ever applied a heat pack near The Lump.
• Punk says he never received a heat pack inside his shorts.
• Punk says Larry Heck never would’ve seen The Lump.
• Heck was never on bus or in shower.
• Punk says he was never undressed around Mark Carrano, John Cone, Tim Gaeng or Larry Heck.
• Punk described the color of The Lump as “purple, reddish, blue.”
• Punk confirms taking no notes about The Lump.
• Punk confirms taking no photos of his butt.
• Punk unsure when The Lump started getting “tough.”
• Punk describes The Lump as “super, super sore,” even when getting dressed.
• Punk said The Lump felt like it was radiating heat.
• “A lot of things hurt, I’m still throwing myself on the ground.”
• Punk confirms Cabana’s account of seeing The Lump.
• “If anyone’s gonna see my butt, that isn’t my wife, it’s Scott.”
• Punk describes the camo shorts entered into evidence as “standard issue…straight edge kid pants.”
• Punk, on wearing shorts in winter: “Shorts and a hoodie, that’s what I wear.”
• Punk says massage therapist from Spa Soak on Milwaukee Ave. in Chicago would’ve seen The Lump.
• “It was hard to miss if I was naked.”
• Massage therapist was told, and asked about The Lump twice.
• Punk confirms AJ was employed by WWE.

Text messages between AJ & Punk, regarding The Lump

• 1/28/2014- “This fucking lump hurts.”
  Punk describes this text as “telling [AJ] how my day went,” which got a chuckle from the court.
• “I’m going to stab it.” -Punk, joking in a text about The Lump.
• Later text message: “I’m going to poke this growth on my butt. it’s time.”
• AJ: “Let me bring you to a doctor.”
• Punk: “Noooo, baby” “I don’t like ’em.”
• Later text: “This thing on my butt/back fucking hurts. I hate doc Amman for not helping me.”
• When AJ texts Punk, saying she’s on her way to orlando, Punk responds: “I have a giant growth on my upper left butt.”
• Punk, in a text: “This thing is starting to really hurt. I think it’s a person.”
• Punk on 2/13/2014 (date of visit with Physician’s Assistant Patrick Duffy): “Your dreamy doc says its a staph infection.” -Punk believed Duffy was a doctor because AJ believed Duffy was a doctor.

End of text messages

• Punk confirms never texting Amman about The Lump.
• Punk dates showing Amman The Lump in fall of 2013.
• Amman asked how long it’d been there, Punk wasn’t sure, and said it didn’t hurt.
• Punk made no notes, no one was there.
• Punk says this conversation happened in the trainer’s room.
• Punk describes showing Amman The Lump a second time, as Punk was hoping to get it cut out.
• When asked about wrestlers routinely have everything from zits to lumps cut out, Punk says “Wrestlers are a strange breed.”
• Punk says he showed Amman The Lump at the Royal Rumble.
• When asked about comparing The Lump to a baseball, Punk says, “It’s what I said and it’s what it looked like.”
• “It looked raised.”
• Punk on The Lump: “It felt like a giant mass, and it felt like it was on my butt.”
• AJ is present at the Rumble meeting.
• Punk says AJ cared more about Punk’s health than Punk did.
• Punk confirms hundreds backstage at Royal Rumble.
• Punk stands by conversation described in podcast, but “not accurately.”
• Punk described constant pain caused by The Lump.
• Punk stands by his podcast statements, or at least the “gist” of it.
• Punk says golfball and baseball comparisons felt right.
• Punk says The Lump looked like a bruise at the Royal Rumble.
• Punk says Amman said he’d take care of The Lump.
• After the Royal Rumble, Punk felt “hurt,” “furious,” and “confused.”
• Punk recalls asking “cut this fucking thing out of me,” but cannot recall Amman’s response.
• Punk believed Duffy was a doctor, and supposedly told him to take antibiotics for two weeks and then return for removal.
• Punk confirms that Patrick Bateman is “an eccentric serial killer,” played by Christian Bale, and felt that Patrick Duffy looked like Patrick Bateman with white hair.
• Punk stands by description of visit to Duffy, but cannot speak to the intent of the words.
• Punk recalls Duffy calling The Lump staph infection.
• Punk confirms not knowing the difference between Staph and MRSA.
• Text Message from Punk to AJ: “gotta be out on antibiotics for two weeks before he can remove it.”
• Text Message from Punk to AJ: “I’m going to fucking email Vince and bury Dr. Amman.”
• About the idea to email Vince, “I had a eureka moment as to why I’d felt so bad for so long.”
• Text from AJ to Punk: “I can’t believe Dr. Amman didn’t catch that.”
• Text from Punk to AJ: “I showed this to doc twice.”
• AJ and Punk continue to discuss treatment.
• Text from Punk to AJ: “He’s going to cut it open and drain it.”
• Text from Punk to AJ: “This is dumb. Staph can kill you.”
• Punk felt discharge on his neck during procedure, hence podcast comment about fluid hitting the ceiling.

Texts From Punk to AJ, rapid succession it seems:

• “Says its all infected.”
• “They’re squeezing me to death.”
• “I died.”
• “Ugh.”
• “Saying it was a cyst.”

End of text messages.

• Punk confirms memory of Duffy diagnosing The Lump as staph upon initial exam.
• Counsel shows Punk Duffy’s medical report.
• Punk, about antibiotics: “I felt better immediately.”
• There is a series of objections to Punk’s attorney’s next bit of evidence, a page of texts between Punk and his “adopted sister” Chez, and it ends in a furious judge calling a 10-15 minute break, while they determine if the text exchange. Judge is also furious about unwillingness by both sides to set an actual schedule for Monday and Tuesday.

Break

• Judge allows just the first text to be admitted. It is Punk telling Chez about The Lump, the treatment by Duffy, and Amman. This is dated 2/14/2014 (one day after Duffy procedure)
• Punk explains his relationship with Chez.
• Punk stands by the text message.
• Punk felt “relief” after the podcast. “I could move on with my life.”
• Punk never listened to the podcast because “he lived it.”
• Counsel: “Do you feel bad about anything you said in this podcast?” Punk: “No.”
• Punk confirms the text exchange with Colt that ends in “but fuck him.” Him referring to Amman.
• “Everything was the truth, and I think the truth can hurt.”
• “He was threatening my friend with lawyers.”
• Punk stands by the “essential truth” of his story on the podcast.

End of Day 4.


Read more at CM Punk & Colt Cabana v Dr Chris Amann Trial Day 4 Afternoon Notes "

Source: CM Punk & Colt Cabana v Dr Chris Amann Trial Day 4 Afternoon Notes

 

[Stopspot]

Holy Fuck Gohan's back!

 

[Solid Snake]

Holy Fuck Gohan's back!

He's been back, where you been? :dawg: