Colome
Colome v. State Athletic Commission
Opinion
Opinion
Aranda, J.
Procedural History
Kimberly Kelly, M.D., and Armando Morales, Ph.D., appellants/defendants appeal from a judgment for respondents/plaintiffs Diomedes Colome, a licensed boxer, and his manager, Jimmy Montoya.
The State Athletic Commission of California (hereinafter the Commission), Kenneth Gray, then the executive director of the Commission; Frederick Flynn, O.D., head of the Commission’s medical advisory committee; and Richard Drew, Ph.D., who worked with Flynn on the formulation of the Commission’s neurological test and standards are also defendants/appellants. All these parties are hereinafter referred to as the “State defendants.” They appeal from a judgment in favor of Colome.
Statement of Facts
Respondent Diomedes Colome was bom in the Dominican Republic. He dropped out of school after the second grade. Consequently, he is essentially illiterate. Colome quickly realized that the one thing he could do better than any person he knew was box, and from his early childhood he pursued his aspiration to become a champion professional boxer.
At the age of 11, Colome began devoting his energy exclusively to the sport of boxing. At the age of 13, he won the Dominican…