Does Jarrod McCracken deserve compensation?

[fridge]

employers are sometimes vicariously liable for the actions of their employees. it sucks a bit for them, but sometimes since employees are acting for a company, the company automatically becomes liable.

for eg, generally in medical negligence cases, a doctor or nurse might do something stupid - but the hospital will always be named. or how a school may be liable for a teacher's actions.

it's just a way of making sure the plaintiff gets their money, because usually employers have some kind of insurance. but i know what you mean, it sucks for the club, it'll mean premiums may go up if he's successful :O

 

[shadow grinder]

im sowwy jarrod

 

[fridge]

mccrackens already been to court for proving this the current case is for damages

im sorry i haven't read any of the telecrap articles. i was just trying to make sense of what razor was saying.

 

[El Diablo]

i wish that mooks had really f**ked his neck up and had left him in a wheelchair...

f**kwit

 

[steaming stormer]

stupid comment Shadow

 

[shadow grinder]

i didnt mean it.....i just dont like macracken

 

[Andy04]

That was me Fridge about the club, and I still don't see the relevance of them being named. I realise that people try and name as many parties as possible, but I think that he is wasting his time with the club, as it was not the club that made the tackle. It was the players in question... why did he not name the NRL, ARL, NZRL and PNGRL while he was at it. The players all had a connection with those bodies.

As an employee, you are usually protected by either explicit legislation (as is the case in NSW) or by common law. The club in this matter has clearly accepted that they are properly a party as it is thier insurer defending the matter. Kearney and Bai appeared as witnesses called by the insurer.

 

[steaming stormer]

so the case is now between McCracken and the Storm? Not even the players involved Andy?

 

[Razor]

so the case is now between McCracken and the Storm? Not even the players involved Andy?

It'll be both

Same. If you work somewhere, lets use Coles as an example. If you punch a customer, the customer can sue both you and Coles. Even though Coles played no part in it, the staff member was representing them, so Coles are involved. Same with neglible things - if a staff member built a shelf that fell on a customer, the customer can sue both the staff member and Coles.

 

[steaming stormer]

yeah, i realise that Razor... I was replying to Andys post that the players were called as witnesses in the case by the clubs insurer, and not in relation to any case against them as individuals

 

[Andy04]

in a sense the players arent involved at all, they certainly havent been at court day in, day out, and the only lawyers for the defence are those of the storms insurer

 

[chemicalbrother]

The only people who would say he doesn't deserve it are those with no idea and Melbourne Storm supporters...

The only person that come on here and make a complete dickhead of them self is you. You are pathetic mate. Thank god, you support a team in sydney and possably live in Sydney. A sh*thole of a club with you being sh*thole Rugby league Supporter. GROW UP, Dickhead


My thoughts of the this topic

First of all, the judgement derserves to go to him but for payment, I don't think so. It will open a Can of Worms for not just Rugby league but all different sports in Australia and around the world.


I have a question, Is'nt the Melbourne Olympic Park Trust partly responible because the Groundkeeper is employed to Melb. OP trust which is partly responable to the cause of injury.

 

[Sun_Down]

his career was ended thanks to a tackle that could have easily been avoided... do i think he deserves compensation? yes. Do i think he should get it? No. Because it will open the flood gates for this type of thing, and that is not cool.

Well put.

 

[Manu Vatuvei]

I'm pretty sure that the law in this area is that he will be compensated for things that are outside the rules/context of the game.

I basically made up the "context" bit myself, but I think that's what it should be. Otherwise players could claim for assault for every high tackle- it's outside the rules of the game, it's assault, hence you can claim damages.

imo a spear tackle is against the rules, but nevertheless it happens several times a season, so I don't think it's fair for him to claim for it. Then again, it was a pretty bad spear tackle. I guess it comes down to whether or not you think being on the receiving end of a bad spear tackle is part of the risk you expect to take when playing in the NRL.

 

[Everlovin' Antichrist]

Can't agree with that TH, why is a player whose career was cut short by an illegal tackle not allowed to seek compensation through the courts?

The bloke played Football for a living. What happened to him is something players don't accept as part of the risk of playing in the NRL.

Any player in the same position would do the same in a heartbeat, but the fact is that careers aren't cut short by illegal on-field acts very often.

The will be no opening of the floodgates. If it was going to happen, it would have happpened after the Brohman - Boyd case.

 

[Razor]

Fact is if he is refused compensation it will reduce the number of kids playing the sport. Knowning that should they sustain serious permanent injury from an illegal act that they will not be setup for life and if the injury is bad enough having to live on disability pension forever.

 

[iggy plop]

McCracken has sued Stephen Kearney and Marcus Bai over a spear tackle he claimed ended his career, but from memory McCracken was one of the biggest thugs going 'round.

Does he deserve any compensation?

The judge has heard how McCracken had embarked on a career in property development and now owns a million dollar boat and a Bentley. At best, it looks like an exercise in spite, at worst gross hypocrisy for suing other players where other players could have sued him for his thuggery, and the fact that in general players don't sue other players.

McCracken, you're an arsehole :evil:

No! The Heath Ledger lookalike deserves a smack in mouth.

 

[Fairfax]

Misinterpreted?

He wants 55k a year. That is ongoing. You're worse than Lyzor. :roll:

Actually, the $55k is the Telegraph making it easier to digest for their intellectually challenged readership.

Damages are awarded as a lump sum so if he makes it to say 70 it'd be $2.2m if it started at 30. 40 years at $55k.

 

[bulldog]

can someone with brains (pref a smart eels fan) inform me whether riston sued lomax for the high tackle in 1996?

Looks like your calls for a smart Eels fan are never gonna be answered, even with a thousand new ones appearing every weekend, can't say I'm surprised.;-)

I'm pretty sure I'd remember if Ritson had taken legal action, it was a story pretty much every league fan followed back then, and I don't remember any talk of Ritson pursuing Lomax for damages.

 

[fridge]

Looks like your calls for a smart Eels fan are never gonna be answered, even with a thousand new ones appearing every weekend, can't say I'm surprised.

I'm pretty sure I'd remember if Ritson had taken legal action, it was a story pretty much every league fan followed back then, and I don't remember any talk of Ritson pursuing Lomax for damages.

hey dude, the bulldogs had heaps of bandwagoners last season !! it's natural that when teams are out of finals contention (like yours, since im assuming you're a bulldogs fan), their fans go for their 2nd fave team etc..

the bulldogs are my 12th favourite team (ahead of manly + roosters) so i really hope u guys can make it. i think it might be possible if u win the next 2 and manly lose the next 2. but considering you guys lost to souths, got smashed by us, and the tigers - i think the only way u guys can make it is if a team in the top 8 is found to have cheated the cap (like u blokes did)

i dont remember ritson taking any legal action either, but i didn't mention that because many times settlements are never disclosed and subject to confidentiality. i remember he did some dilmah commercials or something, some herb that helped with memory.