I’ve been a UFC fan for a while. I’ve been a McGregor fan since before his chest tattoo and Wildman beard. After watching the most recent incident at the Barclays center in Brooklyn and hearing Dana White say Conor McGregor would be getting sued, I began thinking about the case.
What Happened?
First, let’s discuss the facts. This would be a personal injury case. According to several reports, a few different people got hurt after McGregor threw a dolly through a bus window and caused a scuffle in the loading dock. However, it doesn’t take a psychologist to see that it’s more about buried egos than anything else.
It appears Michael Chiesa suffered numerous lacerations to his face that will prevent him fighting. This is not because he could not physically perform, but because the committee that evaluates fighters has strict guidelines on the pre-fight physical condition of the athletes. It is medically dangerous to let someone fight with pre-existing lacerations because they can open up and cause high amounts of blood loss.
Second, Ray Borg suffered corneal abrasions, which would not allow him to fight; his vision was compromised, if only temporarily, and he would not be completely fit to perform.
And finally, an unnamed employee broke his knuckle in the scuffle, either by attempting to break it up or because he was victimized by McGregor or one of McGregor’s entourage.
Potential Lawsuits
Chiesa will likely have a claim for loss of anticipated earnings, which depends on how much he was going to earn for the fight. His previous fight against Kevin Lee guaranteed him $36,000. He will also have a claim for the damages sustained to his face and could have the medical bills covered. However, any claim based on psychological trauma will likely not work due to his occupation; a jury would likely view a high-caliber UFC fighter as immune to such psychological trauma, and moreover, the decision to pursue such a claim would cast an embarrassing light on him and negatively impact his career (much like how Colby Covington’s decision to call the cops on Fabricio Werdum after the light assault netted ridicule for Covington). A fighter who got spooked because of flying glass would likely hurt his image at the UFC and his marketability, which would hurt future fights and promotions. Regardless, Chiesa would have a cause of action for any actual loss of income – guaranteed income and not speculative damages.
Borg would have a similar case. However, cornea abrasions are a little tricky. If it turns out that he can never fight again, it will be costly for McGregor. However, to actually make this claim, Borg would actually have to retire from professional fighting. The totality of his damages would be difficult to quantify. His inability to fight on the card would be grounds to sue for his show money, which was about $20,000 (determined by his last non-title fight).
The unknown employee with a broken knuckle would also have a claim for damages and pain and suffering he sustained. However, this is likely going to be reduced since he will also have a worker’s compensation case that would limit the recovery against McGregor. The employee may be able to receive lost income if he cannot do his job due to the injury.
Additionally, Rose Namajunas, one of the fighters who was also present on the bus, claimed she was scared after the incident and “walked” back to her room. She may have a claim for emotional distress, but she suffered no physical damages; further, Namajunas has a documented history of mental fragility and psychological stress. Given the fact that she still fights through such trauma (which is inarguably more impactful than the bus incident) and her career as a professional fighter, she would probably not earn very much compensation.
McGregor’s biggest issue is the punitive damage component. These are punishment damages awarded when the conduct of the at-fault party was intentional – and McGregor clearly wanted to cause harm, as he was allegedly targeting the bus in retaliation for another fighter’s run-in with his teammate Artem Lobov. Thus, if the case ever makes it to trial (which could be years away), the jury can theoretically award a serious financial settlement to the injured parties. Although this is not the likely result, it is a possible scenario.
Role of the UFC
Another issue any of these potential claimants need to consider is the UFC itself. Each of these claimants will have to include the UFC as a defendant in the lawsuit, for numerous reasons: the UFC knew McGregor would show up at the center, and they permitted McGregor’s entourage to enter as they were let in by credentialed members who were given authority by the UFC. Thus, it is unlikely that anyone may actually file a claim considering they’d have to name the UFC in the complaint. Recent history has shown that taking legal action against the UFC can result in a blacklisting or push back from the promotion (as in the case of the Fighter’s Organization and Mark Hunt’s lawsuit for Brock Lesnar’s failed drug test).
In reality, the most plausible scenario is that these charges will go away, simply because of the interest that the debacle has generated, which will contribute to a future event. A fight against Khabib Nurmagomedov, the intended target of the assault, and McGregor would generate a tremendous amount of income. The feud between the two has been ongoing, and recent altercations between the two have pushed the rivalry to a breaking point (but not to a Jon Jones and Daniel Cormier point). All of McGregor’s recent antics have created a dynamic that a showman like McGregor thrives off, and the more eyes that are on him, the more buys his PPV will get.
The UFC has to find a way to get their most profitable star back in the cage, given the fact that Ronda Rousey has jumped ship to the WWE, where the other biggest star, Brock Lesnar, resides. It is likely that the UFC makes these issues disappear in exchange for a scheduled fight with Khabib. In order for the new owners of the UFC to justify the price they paid for the sport (and to recoup some of the losses), they must make a fight like this happen. Currently, McGregor is the only person on the UFC roster with the skills and showmanship to draw the mega crowds necessary, as his last four fights have generated over 1 million PPV buys each.
What Will Happen?
At the end of the day, I doubt the lawsuits will pose any serious threat to McGregor or his assets, especially given his recent payday after his boxing bout with Floyd Mayweather. It is likely that Conor and his attorneys will settle many of these issues out of court for undisclosed amounts.
Whether these fighters decide to sue him or not, these athletes rely on these paydays. It takes months to train and prepare your body for about, and many of the fighters do not have other streams of income during camps. Coaches, trainers, nutritionists, and training space all cost money, and if the fighters do not compete, they lose their wages. It is outright reckless and selfish for someone to meddle in that.
Ultimately, for someone with the physical and mental gifts that McGregor possesses, this was a bad move that could hurt his public image. There is always the chance that the UFC blacklists and releases him, though this is unlikely. If the fans turn on him, his stardom and drawing power will come to a close. If Conor’s management did not prevent him or control him during the incidents, he should terminate them and seek a new team that won’t negatively influence him. He should also apologize to all parties that he hurt or intended to harm, including Khabib, Michael Chiesa, Ray Borg, Rose Namajunas, Karolina Kowalkiewicz, the unnamed employee, the other occupants on the bus, and most importantly, the fans.
