How often do we hear the "but" factor when it comes to suing and lawsuits - That is exactly why we are becoming a Nation in which nothing can be done without a lawyers backing or a judges decision.
These were grown men on a football field. A simple fight taking place does not belong in the Court room. Simple as that.
You took his remarks out of context and you know it - he was saying that this ISN'T a frivolous lawsuit.
Are you dense? The whole point is that this was not a case of two gladiators going to battle with each other. It was a huge, musclebound ape savagely attacking somebody who had no idea it was coming. Your little crusade for tort reform is misplaced in this instance.