Montador Estate v NHL
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The Montador Estate has filed its response to the NHL’s motion to dismiss its complaint, alleging the NHL had and failed a duty of care to Steve Montador while he was employed by NHL franchises. The case has already seen an interesting wrinkle, however.
The National Hockey League might have gotten off easy with the majority of the class that took part in a concussion lawsuit settlement in 2018, but the estate of one former player is holding out for a potential day in court. After securing a preliminary victory in federal court when Judge John Z. Lee ruled the executor of the late Steve Montador’s estate, his father Paul Montador, can proceed with a claim against the NHL in the state of Illinois, the estate has done exactly that.
On Oct. 25, the Montador estate filed its complaint with the Circuit Court of Cook County, Ill. It demands a trial by jury and alleges four counts against the league and its Board of Governors.
The end of the NHL concussion litigation may be in sight, at least as it pertains to three members of a proposed class of former players that sued the league for damages related to head injuries and opted out of an earlier settlement. The NHL has asked the federal court in the Northern District of Illinois to consolidate the complaints of Daniel “Carbomb” Carcillo and Nick Boynton with the estate of the late Steven Montador and also made a motion for dismissal of the claims. Comparing those pleadings with what we already know about how the NHL operates in regards to head injuries produces some interesting inconsistencies that are convenient for the league.