NHL Player’s Dad Says ‘Culture of Violence’ Led to Son’s Death

The NHL created a culture of violence and fighting that caused former player Steve Montador to develop a traumatic brain injury that led to his death at the age of 35, his estate told the Northern District of Illinois.

The NHL glorified and promoted violence and fighting in order to keep fans in the seats and tuned into the telecasts, while knowing that fights and head hits produced concussions, addictions and brain disease, Montador’s father said in response to the league’s motion to dismiss.

Montador played for the NHL from 2001 through 2013 for the Calgary Flames, the Florida Panthers, the Anaheim Ducks, the Boston Bruins, the Buffalo Sabres, and the Chicago Blackhawks.

During NHL games, Montador participated in 69 on-ice fist fights, and sustained multiple concussions, many of which were undiagnosed or undocumented, the complaint alleged. “Montador was a pawn in the NHL’s production,” Montador’s father, acting as his estate executor, said.

Montador died of an accidental overdose on Feb. 15, 2015, at the age of 35. A post-mortem examination showed Montador was suffering from chronic traumatic encephalopathy, the lawsuit alleges.

The league argued in its motion to dismiss that the allegations go entirely to the way the NHL supposedly marketed itself to fans. Because each action the NHL allegedly took to “promote” violence was protected speech, the league argued, the estate’s claims fail.

But the estate argues that its lawsuit would survive the league’s First Amendment challenge because a defendant may face liability for speech directed to and likely to produce imminent lawless action—in this case, assault and battery.

The court should also reject the league’s argument that the claims are preempted by the collective bargaining agreement Montador played under, the estate said.

Promoting violence and fighting aren’t topics covered by the CBA, the estate argued.

The case is one of hundreds consolidated in multidistrict litigation in federal court in Minnesota. The MDL was dissolved, and most players settled. But a handful of cases remain. No NHL concussion cases have yet gone to trial.

As a result of the repetitive brain traumas sustained during his NHL career, Montador experienced significant memory issues, sleep disturbances, chronic pain, a substance abuse problem, and mood and behavioral changes, according to the complaint.

Corboy & Demetrio PC represents the estate.

Skadden, Arps, Slate, Meagher & Flom LLP, and Proskauer Rose LLP represent the NHL.

The case is Montador v. Nat’l Hockey League, N.D. Ill., No. 15-cv-10989, 2/28/20.