John Doe vs. Blackhawks lawsuit set for trial after judge rules against team’s motion

A former Chicago Blackhawks player’s lawsuit against the NHL franchise is set to go to trial in October after a Cook County Circuit Court judge ruled this week against the Blackhawks’ motion for a summary judgment.

The former player, under the name “John Doe,” is suing the Blackhawks for failing to act when informed of sexual assault allegations against one of the team’s former video coaches, Brad Aldrich, during the 2010 Stanley Cup playoffs. The Blackhawks previously settled a case with former player Kyle Beach when similar allegations were made against Aldrich and the organization stemming from the 2010 playoffs.

The Blackhawks had previously filed for the summary judgment, arguing John Doe’s claims exceeded the discovery rule’s two-year statute of limitations and that he should have known of his injury by 2011 after the sexual assault was reported and Aldrich had left the Blackhawks. John Doe responded in court that his limitations were extended to October 2021, when the Blackhawks released Jenner & Block’s independent report of the organization’s response to the allegations made against Aldrich in 2010. The Blackhawks also replied that John Doe was relying on inadmissible evidence, including the independent report, and didn’t have proof that the Blackhawks had fraudulently concealed information in 2010.

In Cook County Circuit Court Judge Barbara Flores’ decision to deny the motion for summary judgment Tuesday, Flores wrote that the court record included depositions of John Doe and former Blackhawks coach Paul Vincent, a partial transcript of a deposition by former Blackhawks psychologist James Gary, emails and the Jenner & Block report. Flores referenced alleged communication in those documents between John Doe, Vincent and Gary and how the Blackhawks front office was allegedly aware of the allegations in 2010.

Flores wrote in the ruling: “Taken together, the deposition testimonies alone present a number of questions of material fact that preclude summary judgment. Such questions include: (1) how many conversations occurred between Plaintiff and Gary during the time period in question; (2) the substance of the conversation(s) between Gary and Plaintiff; (3) what Gary meant when he stated on multiple occasions, as evidenced by Vincent’s testimony, that he would “take care of it,” or it was being ‘handled.'”

Flores also disagreed with the Blackhawks’ other arguments in their motion for summary judgment.

Flores wrote: “A reasonable trier of fact could find that Plaintiff’s claims are not subject to the discovery rule because he did not have sufficient information in 2010 to discover potential claims against CBHT (Chicago Blackhawks Hockey Team) despite having awareness of the sexual harassment he claims occurred at the hands of Aldrich. Moreover, as fraudulent concealment is an exception to the discovery rule’s statute of limitations, based on the evidence presented, the Court cannot determine with certainty whether the exception is applicable to Plaintiff’s claims.

“When construing the pleadings in the light most favorable to the nonmovant, as it must, the Court finds that triable issues of fact exist and reasonable minds might differ in drawing inferences from those facts. Thus, Defendant’s motion for summary judgment is denied.”

With the case going to trial, it’s possible that former Blackhawks general manager and current Edmonton Oilers general manager Stan Bowman could be compelled to testify. Bowman filed a motion to quash a subpoena in March, and the judge ruled in his favor because the subpoena was deemed to be improperly served. John Doe’s attorneys, Antonio Romanucci and Jason Friedl, said in a statement in May that they could pursue another subpoena for Bowman.

“Stan Bowman is indeed still subject to a trial subpoena, and we remain committed to securing justice for our client and holding accountable those who contributed to an environment of abuse through their actions or inactions,” the statement said.

An assignment call for the jury trial is set for 10 a.m. Oct. 27 at the Cook County Circuit Court.

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