ELECTRONICALLY FILED

7/7/2016 10:50 AM
2016-L-006686
CALENDAR: D
PAGE 1 of 9
CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
LAW DIVISION
CLERK
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOROTHY BROWN
COUNTY DEPARTMENT, LAW DIVISION
PAUL HORNUNG and
ANGELA HORNUNG,
Plaintiffs,
v.
BRG SPORTS, LLC, a corporation, f/k/a
EASTON-BELL SPORTS, LLC; EB SPORTS
CORP., a corporation; BRG SPORTS
HOLDINGS CORP., a corporation, f/k/a RBG
HOLDINGS CORP.; BRG SPORTS, INC.;
RIDDELL SPORTS GROUP, INC.;
RIDDELL, INC.; ALL AMERICAN SPORTS
CORPORATION; and FENWAY
PARTNERS, LLC, a private equity firm,
(collectively RIDDELL),

No.
PLAINTIFF DEMANDS TRIAL BY JURY

Defendants.
COMPLAINT AT LAW
Plaintiffs, PAUL HORNUNG and ANGELA HORNUNG, by and through their attorneys,
CORBOY & DEMETRIO, P.C. and THE BRAD SOHN LAW FIRM, PLLC, complaining of
defendants, RIDDELL, state:
COUNT I:
Paul Hornung v. RIDDELL - Failure to Warn of Helmets Risks
1.

PAUL HORNUNG won the Heisman Trophy in 1956 as that years outstanding

college football player in the United States.

2.

In the 1957 NFL draft, HORNUNG was the first overall pick, selected by the

Green Bay Packers.

3.

During his ten year NFL career, PAUL HORNUNG led the NFL in scoring for

three straight seasons, was voted the league's MVP, was chosen as an All-Pro twice, was named
to the Pro Bowl twice, and won four League Championships.
4.

During HORNUNGs college years at the University of Notre Dame, he wore a

ELECTRONICALLY FILED
7/7/2016 10:50 AM
2016-L-006686
PAGE 2 of 9

leather helmet1 without a facemask:

5.

In the NFL, HORNUNG was provided RIDDELLs plastic helmet2, supposedly to

better protect his head and brain:

6.

In fact, RIDDELLs plastic helmet provided no protection for PAUL

HORNUNGs brain, yet players, including PAUL HORNUNG, were led to believe that the
innovative helmets would do so.

In 1893, U.S. Naval Academy Midshipman, Joseph M. Reeves, made a protective device
out of mole skin for his use in that years Army-Navy game after having been advised that
another kick to his head would result in instant insanity or even death. Most believe this was
the first time a helmet was used in the game of football.
2

In 1939, the Riddell Company of Chicago, Illinois started manufacturing plastic helmets
under the guise that plastic helmets would be safer than those made of leather. The RIDDELL
Defendants have, at all relevant times, designed, manufactured, sold, marketed and/or distributed
helmets for use by NFL players, including, but not limited to, the helmets worn by PAUL
HORNUNG during his NFL career.
2

7.

During his NFL football career, while wearing a RIDDELL helmet, in both

practice and game situations, PAUL HORNUNG sustained numerous concussive and subconcussive brain traumas.
8.

PAUL HORNUNG played through the concussions and sub-concussive brain

traumas and their associated symptoms because he, like all other football players at the time, was
not told of any long-term consequences of doing so.
9.

Prior to, during, and after PAUL HORNUNGs NFL football career, RIDDELL

knew of the harmful long-term effects of brain traumas sustained by football players while

ELECTRONICALLY FILED
7/7/2016 10:50 AM
2016-L-006686
PAGE 3 of 9

wearing RIDDELLs supposed protective equipment; however, it misrepresented and concealed

these facts from PAUL HORNING.
10.

RIDDELL hid this information with the intent to induce PAUL HORNUNG to

continue using its product, and to induce the public to purchase its product worn by football stars
like PAUL HORNUNG.
11.

PAUL HORNUNG reasonably believed that RIDDELLs misrepresentations of

relevant information were true and continued to utilize RIDDELLs product in justifiable reliance
on the truth of the statements made by RIDDELL.
12.

RIDDELL never warned PAUL HORNUNG that its plastic helmets would not

prevent or diminish brain traumas associated with playing the game of football.
13.

RIDDELL never warned PAUL HORNUNG that playing through concussions and

sub-concussive brain traumas could, and would, cause permanent brain damage.
14.

RIDDELL never warned PAUL HORNUNG that its helmets would not prevent

concussions and/or that concussions and sub-concussive brain traumas could, and would, cause
permanent brain damage.
3

15.

At the time its helmets were designed, manufactured, sold, marketed and/or

distributed, RIDDELL was negligent in one or more of the following ways:

ELECTRONICALLY FILED
7/7/2016 10:50 AM
2016-L-006686
PAGE 4 of 9

16.

a.

Promoted its football helmets as safe, without warning PAUL

HORNUNG of any long-term risks, when it knew that its plastic helmets
would not protect PAUL HORNUNGs brain;

b.

Failed to warn PAUL HORNUNG that its helmets would not protect
against concussive or sub-concussive brain injury, when it knew that its
plastic helmets could not protect PAUL HORNUNGs brain; and

c.

Failed to warn PAUL HORNUNG that its helmets would not protect
against long-term neurodegenerative disease, when it knew that its plastic
helmets could not protect PAUL HORNUNGs brain.

As a proximate result of one or more of the foregoing negligent acts or omissions,

PAUL HORNUNG suffered injuries of a personal and pecuniary nature, including development
of Dementia and other neurodegenerative disease(s) caused by repetitive head trauma.
WHEREFORE, Plaintiff, PAUL HORNUNG, demands judgment against RIDDELL
Defendants, in an amount in excess of the minimum amount required for jurisdiction in the Law
Division of the Circuit Court of Cook County, Illinois.

COUNT II:
Angela Hornung v. RIDDELL - Failure to Warn of Helmets Risks
1.

PAUL HORNUNG won the Heisman Trophy in 1956 as that years outstanding

college football player in the United States.

2.

In the 1957 NFL draft, HORNUNG was the first overall pick, selected by the

Green Bay Packers.

3.

During his ten year NFL career, PAUL HORNUNG led the NFL in scoring for

three straight seasons, was voted the league's MVP, was chosen as an All-Pro twice, was named

ELECTRONICALLY FILED
7/7/2016 10:50 AM
2016-L-006686
PAGE 5 of 9

to the Pro Bowl twice, and won four League Championships.

4.

During HORNUNGs college years at the University of Notre Dame, he wore a

leather helmet3 without a facemask:

In 1893, U.S. Naval Academy Midshipman, Joseph M. Reeves, made a protective device
out of mole skin for his use in that years Army-Navy game after having been advised that
another kick to his head would result in instant insanity or even death. Most believe this was
the first time a helmet was used in the game of football.
5

5.

In the NFL, HORNUNG was provided RIDDELLs plastic helmet4, supposedly to

better protect his head and brain:

6.

In fact, RIDDELLs plastic helmet provided no protection for PAUL

HORNUNGs brain, yet players, including PAUL HORNUNG, were led to believe that the
innovative helmets would do so.

ELECTRONICALLY FILED
7/7/2016 10:50 AM
2016-L-006686
PAGE 6 of 9

7.

During his NFL football career, while wearing a RIDDELL helmet, in both

practice and game situations, PAUL HORNUNG sustained numerous concussive and subconcussive brain traumas.
8.

PAUL HORNUNG played through the concussions and sub-concussive brain

traumas and their associated symptoms because he, like all other football players at the time, was
not told of any long-term consequences of doing so.
9.

Prior to, during, and after PAUL HORNUNGs NFL football career, RIDDELL

knew of the harmful long-term effects of brain traumas sustained by football players while
wearing RIDDELLs supposed protective equipment; however, it misrepresented and concealed
these facts from PAUL HORNING.
10.

RIDDELL hid this information with the intent to induce PAUL HORNUNG to

In 1939, the Riddell Company of Chicago, Illinois started manufacturing plastic helmets
under the guise that plastic helmets would be safer than those made of leather. The RIDDELL
Defendants have, at all relevant times, designed, manufactured, sold, marketed and/or distributed
helmets for use by NFL players, including, but not limited to, the helmets worn by PAUL
HORNUNG during his NFL career.
6

continue using its product, and to induce the public to purchase its product worn by football stars
like PAUL HORNUNG.
11.

PAUL HORNUNG reasonably believed that RIDDELLs misrepresentations of

relevant information were true and continued to utilize RIDDELLs product in justifiable reliance
on the truth of the statements made by RIDDELL.
12.

RIDDELL never warned PAUL HORNUNG that its plastic helmets would not

prevent or diminish brain traumas associated with playing the game of football.
13.

RIDDELL never warned PAUL HORNUNG that playing through concussions and

ELECTRONICALLY FILED
7/7/2016 10:50 AM
2016-L-006686
PAGE 7 of 9

sub-concussive brain traumas could, and would, cause permanent brain damage.
14.

RIDDELL never warned PAUL HORNUNG that its helmets would not prevent

concussions and/or that concussions and sub-concussive brain traumas could, and would, cause
permanent brain damage.
15.

At the time its helmets were designed, manufactured, sold, marketed and/or

distributed, RIDDELL was negligent in one or more of the following ways:

16.

a.

Promoted its football helmets as safe, without warning PAUL

HORNUNG of any long-term risks, when it knew that its plastic helmets
would not protect PAUL HORNUNGs brain;

b.

Failed to warn PAUL HORNUNG that its helmets would not protect
against concussive or sub-concussive brain injury, when it knew that its
plastic helmets could not protect PAUL HORNUNGs brain; and

c.

Failed to warn PAUL HORNUNG that its helmets would not protect
against long-term neurodegenerative disease, when it knew that its plastic
helmets could not protect PAUL HORNUNGs brain.

As a proximate result of one or more of the foregoing negligent acts or omissions,

PAUL HORNUNG suffered injuries of a personal and pecuniary nature, including development
of Dementia and other neurodegenerative disease(s) caused by repetitive head trauma.
7

ELECTRONICALLY FILED
7/7/2016 10:50 AM
2016-L-006686
PAGE 8 of 9

ELECTRONICALLY FILED
7/7/2016 10:50 AM
2016-L-006686
PAGE 9 of 9