Has the stage been set for a lawsuit in the Chris Benoit saga?
Cary Ichter, attorney for Michael Benoit -- father of the former pro wrestler-- said he had several conversations with attorneys for the
World Wrestling Foundation about a possible out-of-court settlement.
But WWE apparently balked at the proposal.
“Because of the probate matter involving the estate of Chris Benoit, we have been involved with WWE, and had occasions to talk about what was going on now and what could take place in the future,” said Ichter, who represents Michael Benoit, and Chris Benoit’s two surviving children
from a previous marriage.
“I know the WWE isn’t excited about the idea of us suing them, and we were having talks about ways to avoid it.
“I felt like we were looking at a win-win situation, and I thought the talks were off the record until the WWE lawyers took it all public.”
Ichter said he told WWE attorneys that although he didn’t have the authority to make a final decision, he felt a $2 million settlement offer and a contribution to the brain research foundation would be well received by the family.
“This was about providing for Megan and David Benoit who are going to have to grow up without a father,” said Ichter.
Fayette County Sheriff’s Deputies say Chris Benoit killed his wife Nancy, their 7-year-old son Daniel and then took his own life at the
family’s Fayetteville home in late June.
Toxicology reports showed Benoit had extremely elevated levels of testosterone in his body.
And in September a doctor who examined tissue samples from Chris Benoit’s brain said the wrestler had brain damage from multiple concussions.
“Doctors have explained that when someone has the extensive and profound brain damage that Chris had, they process reality in a different way,” said Ichter.
“You seem to handle cognitive issues in a different way -- in the way you understand and perceive the world.
“And you can have problems with your capability to control impulses and emotions.
“With this type brain damage, you can also have serious problems dealing with how the world is going on around you, and how you react to it.”
Ichter said the WWE attorney initially told him he “thought the offer was reasonable.”
But then I didn’t hear another word,” said Ichter.
“The only thing that came back to me was that they had engaged me in conversations to string me along because they wanted something from us.”
Ichter said he believes the WWE is worried about a lawsuit, although none have been filed at this point.
“They have been highly involved in the investigation since Day 1, and even hired an investigator.
“It appears they want to create the illusion they aren’t concerned about a lawsuit, but why else would they be so involved.”
As for future actions against the WWE, Ichter says he wants to “settle the estate issue first.
“Then we will re-look and re-evaluate and decide how we want to proceed with the WWE and Dr. Astin.”
Dr. Phil Astin of Carrollton became a subject in the Chris Benoit murder-suicide case after Fayette County investigators found steroids in
Benoit's home.
Federal prosecutors claim the amount of testosterone prescribed to Benoit was “excessive.”
Astin has already been indicted on several federal counts of overprescribing to two unnamed patients. However, officials have said that Benoit was not one of those patients.
Federal authorities claim the recovered evidence from Astin confirms that Astin engaged in “excessive amount of prescriptions” in the two
years prior to his arrest.
Officials said records from Jones Pharmacy in Fayetteville reflect seven testosterone prescriptions Astin apparently wrote for Benoit from May 2006 to May 2007.
“Each prescription dispensed a 10-month supply of the drug,” authorities wrote in court documents, “yet the pharmacy filled seven of those in a 12-month period.”
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