http://www.theaustralian.com.au/spo...d/news-story/732ceef12880c9f2056291f34f4c6ea5
Alex McKinnon faces tough challenge for lawsuits to succeed
- Margie McDonald
Former Newcastle forward Alex McKinnon could have a difficult task ahead of him trying to extract a multi-million-dollar compensation claim from both the NRL and Melbourne Storm player Jordan McLean, after McKinnon suffered a broken neck in a tackle in 2014.
Leading Sydney lawyer Sam Macedone said a payout of a couple of million dollars was more realistic, despite the fact that wheelchair users often have annual costs between $300,000 to $500,000 above those of the average able-bodied person.
Chris Nicholls from Spinal Cord Injuries Australia (SCIA) said additional costs for those with quadriplegia and paraplegia fell into seven main categories: personal and household care; home modifications; medical and continence supplies; travel (air and vehicular); assistive technology; mobility equipment; surgical and rehab intervention.
McKinnon, now 24 and a quadriplegic, is reportedly seeking a $10 million payment, which would equate to just over $300,000 over the next 30 years.
“It doesn’t matter how much it costs for his care, you have first got to prove negligence. Unless you prove that, you don’t get anything,” said Macedone, who was the lawyer for swimmer Simon Cowley in his successful damages claim in 2011 against Nick D’Arcy. Cowley had metal plates inserted in his face after being assaulted in a Sydney CBD nightclub in 2008 and was awarded $180,000.
Carroll and O’Dea Lawyers, acting for McKinnon, declined to comment yesterday after it was revealed the former Knights second-rower was pursuing legal action against both the NRL and McLean over the injuries he sustained in the round three match against Melbourne Storm at AAMI Park in March 2014.
Storm officials also refused to comment on whether the club would help McLean with any legal costs.
McLean and two teammates, Kenny and Jesse Bromwich, were involved in the tackle on McKinnon, although only McLean was charged with a dangerous throw. He was given a seven-match ban.
Macedone said McKinnon would have “difficult hurdles to get over” before any claim was successful.
“He was playing a game which is a contact sport, which he consented to do knowing the risks. It’s a sport where you can get hurt,” Macedone said yesterday.
“Unless he can establish what caused him his injury was a malicious, intentional tackle, outside the rules of the game, I don’t think he can succeed.
“We’ve seen previously where people have had their jaws broken by a malicious coathanger tackle or a punch to the face — both outside the spirit of the game. But this is a tackle which went wrong.
“He has to prove there was some malicious intent in it to succeed against the player (McLean) he is intending to sue. And to succeed against the NRL he’s got to prove they owed him a duty of care and didn’t do enough to prevent that tackle.
“So they are pretty tough hurdles. Then again I don’t know what evidence his lawyers have got or what they’ve put together in terms of what negligence they might claim.
“If they do get over those hurdles, I really don’t know if he would get $10 (million) to $15 million because the way damages are nowadays it would be closer to $2 or $3 million.”
McKinnon received a $500,000 payout from the NRL’s player insurance for career-ending injuries, plus the Knights paid out the final two years of his playing contract, believed to be a total of $750,000. He also received around $1.2 million from a weekend fundraising effort across the code after it became apparent the talented second-rower would not be able to play again.
Yesterday a spokesman for the NRL said: “We’re in correspondence with lawyers for Alex McKinnon but no claim has been made so far.”
The Rugby League Players’ Association (RLPA) put a separate career-ending insurance policy in place late in 2014 after negotiations between it, the NRL and the 16 clubs. Despite being put in place after McKinnon’s injury, he still received what he was entitled to under the RLPA policy.
Yesterday RLPA chief executive Ian Prendergast supported McKinnon.
“Alex has the right to pursue any and all legal options available to him in relation to his injury and it is appropriate that he has engaged his own legal representatives to assist him,” he said.