McCracken wins court case

[Bomber]

Just heard on ABC radio

 

[Aeetee]

And the flood gates are opening. #-o

 

[innsaneink]

Team, players liable for spear tackle
February 22, 2005

A NEW South Wales Supreme Court judge today found the Melbourne Storm and rugby league players Stephen Kearney and Marcus Bai were liable to pay damages to former West Tigers skipper Jarrod McCracken over a spear tackle that ended his career.

McCracken sued the two men and their former National Rugby League (NRL) club, Melbourne Storm, for more than $750,000 in damages over a spear tackle on May 12, 2000.

The 34-year-old suffered neck and spine injuries and claims the incident ended his football career.

Another hearing will be held in August to determine the amount of damages.

Justice Robert Hulme found both Kearney and Bai intended to injure McCracken in the tackle.

"I do not agree that what occurred was but a normal incident of the game of rugby league," he said in his judgment.

Outside the court, counsel for the three defendants, Robert Crittenden, said his clients were disappointed with the decision and it set a dangerous precedent for contact sports.

"It sets a very dangerous precedent in the sense that ... what the judge has found that effectively every tackle, because there's the slightest intention of causing injury by putting the player on the ground, that's sufficient to enliven the provision in the civil liability act so it defeats the whole purpose of the legislation."
Hmmmm :-k:-k:-k

Mr Crittenden said they would most probably appeal against the decision.

McCracken's lawyer, Bernard Gross QC, said "they were happy with the result" but would not comment further.

AAP

http://foxsports.news.com.au/story/0,8659,12336458-23210,00.html

 

[Bomber]

Here's a link from the ABC website which says virtually the same thing

http://www.abc.net.au/sport/content/200502/s1308580.htm

The lawyer for the Storm and the players, Robert Crittenden, said the decision set a dangerous precedent.

"I think the rugby league's got to have a look at that because I think everyone's going to be very wary about taking a [guilty] plea [at the NRL judicary] now," Mr Crittenden said.


Words added are my own.

 

[NZ Warrior]

What the f**k is this world coming to????

I'd still like to know how the Storm are involved in all this??? And please don't come back with they were the 2 players' employer. This is not your typical workplace incident. If it was treated and judged like one, then all professional contact sport is in big trouble.

I challenge everyone to run up to a work colleague and tackle them, let's see what happens.

 

[Bulldog-Power]

what about in union if a scrum is collapased intentionally and a player hurts his neck?

surely this has happened before?

 

[NZ Warrior]

Well, Mr Bernard Gross QC is going to be getting a lot of business, isn't he!!!

 

[El Diablo]

No

 

[innsaneink]

What the f**k is this world coming to????

I'd still like to know how the Storm are involved in all this??? And please don't come back with they were the 2 players' employer. This is not your typical workplace incident. If it was treated and judged like one, then all professional contact sport is in big trouble.

I challenge everyone to run up to a work colleague and tackle them, let's see what happens.

They would get compo if injured, and the offender would most likely be sacked or even charged.. :roll:

Whats your point?

 

[simon says]

Ohhh cmon....this was a bloody dangerous spear tackle.Its not like a tackle that went wrong.They picked him up,two on one,and dumped him on his head.It was a cowardly act that ended the careeer of the WT's captain.

Im glad they got em for it.It was a cat act and now they are paying for it in their hip pocket.......its all good.

 

[Bulldog-Power]

well im sure scrums have been collapsed in rugby union intentionally before... how can you say not one of the many neck injuries incurred because of a collapsed scrum didnt result because of an intentionally collapse

 

[LESStar58]

Well, I dont exactly agree with the judge saying they intended to hurt McCracken...its football FFS!

Oh well, unkie rupe foots the bill for this one...only $750K....only a drop in the ocean really.

 

[eelsta]

it was a disgraceful tackle and i'm sure mccracken is still suffering from it, good on him we dont need that sort of tackle in our game

 

[steaming stormer]

Might have been a bad tackle, but what this ruling does is mean that any tackle with the chance of injuring... ala Sonny Bill and his shoulder charge which is done to hurt, can now be sued against. Ridiculous decision with massive consequences on all contact sport

 

[Mighty Tiger]

Might have been a bad tackle, but what this ruling does is mean that any tackle with the chance of injuring... ala Sonny Bill and his shoulder charge which is done to hurt, can now be sued against. Ridiculous decision with massive consequences on all contact sport

If SBW shoulder hits the bloke in what the NRL deems as an illegal movement then yes he could be sued just like anyone who does perform an illegal act which the Tackle against Jarrod was.

If its in the normally procedes of the game its within the laws of the game which a player agrees to when joining a club and taking part in the NRL.

A head high tackle and a spear tackle arn't deemed as a legal tackle hence why players get suspended and why the decision went in favor or Jarrod in this case!

 

[steaming stormer]

Yeah, once I submitted that I realised it was a bad example as it is within the rules... but it still opens the floodgates for tackles gone wrong. I doubt the intent of the Kearney and Bai tackle was to render McCracken injured. It was a tackle gone wrong... simple as that and I defy the judge to say how he determined otherwise

 

[kia ora storm]

Kearney will be P**sed off about this...a profesional who busted his ass in the NRL and gets a law suit slapped on him by a Phil McCracken...a big sook who was a boy in a man's game... :twisted:

 

[innsaneink]

Kearney will be P**sed off about this...a profesional who busted his ass in the NRL and gets a law suit slapped on him by a Phil McCracken...a big sook who was a boy in a man's game... :twisted:

...and a Kiwi to boot! :lol: :lol: :lol:

 

[Balmain_Boy]

Kearney will be P**sed off about this...a profesional who busted his ass in the NRL and gets a law suit slapped on him by a Phil McCracken...a big sook who was a boy in a man's game... :twisted:

McCracken a sook? What drugs are you on, idiot.

 

[eelsta]

Kearney will be P**sed off about this...a profesional who busted his ass in the NRL and gets a law suit slapped on him by a Phil McCracken...a big sook who was a boy in a man's game... :twisted:

McCracken a sook? What drugs are you on, idiot.
+

many things but a sook i'd like to see you tell him that to his face :roll: :roll: