McCracken wins court case

[Eddie.]

Good Decision

 

[Balmain_Boy]

Exactly. Calling a bloke a "sook who was a boy in a man's game" because he was dumped on his head and suffered a permanent, career ending neck injury is a disgusting thing to do.

 

[Twizzle]

well he wont be going to the bank to deposit the money just yet

if it is like most court cases, there will be the usual appeals and more appeals until we all forget about it before it is finally settled.

 

[innsaneink]

In relation to today’s findings on the liability of former players Stephen Kearney, Marcus Bai and the Melbourne Storm regarding the Jarrod McCracken case, Melbourne Storm CEO Brian Waldron wishes to make the following statement:.

“The Melbourne Storm respects the judicial process that takes place with this matter or any matter that goes before the courts.

"Given the issue of damages has been stood over until August, we believe it would be inappropriate to make a comment on this matter until such time.

"We trust the media understands our need to do this in respect for all parties concerned.

"There will be no further comment at this time.”

Claytons statement. :lol:

 

[steaming stormer]

Claytons statement.

Smart statement.

 

[innsaneink]

Guilty.

 

[steaming stormer]

Appeal

 

[Cloud9]

Can the victims of John Hopoate should sue him for post-traumatic stress? #-o

 

[OVP]

Its GREAT news for justice.

Any of you children who are calling McCracken a nancy boy in this thread are hilarious ...typical keyboard warriors :lol:

 

[ngap]

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.

You don't like it, I don't like it but as far as the law is concerned professional sport is just another company going about its business. Therefore has the same laws as any other business.

 

[Jordan]

eh.. I don't like it either... In Rugby League, these sort of things happen. With the attacking player struggling, and two players trying to force him in different directions, there is always a chance that a spear tackle could occur. I doubt Kearney and Bai deliberately set out to end McCracken's career...

Rugby League is a physical game, and players know the risks...

I bet everyone will be tip-toeing around SBW now, as he's been touted as the first 10 million dollar player.

 

[et]

So McCracken can go buy another waterpront property (to add to his $20 million portfolio) while it is supporters who will end up paying the increased insurance premiums in tickets, Foxtel prices etc. What a wanker.

Steve Rogers sued Bugden years back and maybe that helped clean up the sport, but that was in an era where the tackles were still occasionally deliberately high. The McCracken one was just a tackle gone wrong.

 

[NZ Warrior]

Just like Mr Innsaneink has emphasised here, Rugby League can't possibly be put in the same place as normal work practise law. How can it, you have guys running at each other and tacking each other all the time, now someone is sure to get injured from that.

I'm just asking stating a fact that Rugby League CANNOT come under normal business law. There is simply too much risk. And if it does, then we have a serious f**king problem.

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?

Please see my point above Mr Innsaneink. And why did you have to change some my quote to poo brown??? I hate that colour, you don't see me changing your quote to a f**king rainbow!!! Poo brown, how could you!!!

 

[chemicalbrother]

Can the victims of John Hopoate should sue him for post-traumatic stress? #-o

What for?.... Digital Rape???...

 

[douglasallen91]

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

surely this has happened before?

bull allen career ended in a scrum like that against the brumbies

 

[Pierced Soul]

so can players sue for plastic surgery costs if an "illegal" high tackle smashes their nose? maybe john carlaw can sue whoever put up the bomb which broke his nose? #-o

 

[mightybears]

"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"

says defence counsel

so the test is 'intent to cause injury'
as most tackles are 'to stop the player' surely the judge found that the storm players were out to get mc cracken in some way [or just that an illegal form of stopping a player forms 'intent' to injure]
if that is the case, it hasn't set the precedent some of my very learned forum posters have suggested

a tackle [legal / not under league prohibitions] that causes injury is not the same
as an illegal tackle that causes injury-big suprise
effectively illegal tackles are 'intended to cause' injury


this will still go to appeal

as for jarrod [who should have good back to his junior rep club north sydney instead of going to the dogs-ya bastard]
canny re money
questionable loyalty in some ways
and yes he has a 20m dollar property portfolio
but he is no 'sook' to have a go over a tackle that killed his career and could have crippled him

 

[ngap]

I'm just asking stating a fact that Rugby League CANNOT come under normal business law. There is simply too much risk. And if it does, then we have a serious f***ing problem.

Which is why we should be lobbying politicians to have it changed.

Similarly legislation should be changed to make it legal to have a draft, transfer fees and a salary cap without them being deemed to be restraint of trades. Sure have a system in place so that the sport can't exploit the players but we need a legal sytem which recognizes the unique situation of sport.

It is also one of the reasons that the League and all sports have a rule book that includes the ability to penalise for dangerous play. It is a cover all to say we encourage a safe working environment. If an accident occurs while playing under the rules then they are reasonably safe from litigation, unless someone can show one of the rules makes an injury likely. Break the rules and cause a serious injury and you have few legal escapes at the moment.

 

[innsaneink]

Just like Mr Innsaneink has emphasised here, Rugby League can't possibly be put in the same place as normal work practise law. How can it, you have guys running at each other and tacking each other all the time, now someone is sure to get injured from that.

I'm just asking stating a fact that Rugby League CANNOT come under normal business law. There is simply too much risk. And if it does, then we have a serious f***ing problem.

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?

Please see my point above Mr Innsaneink. And why did you have to change some my quote to poo brown??? I hate that colour, you don't see me changing your quote to a f***ing rainbow!!! Poo brown, how could you!!!

Yeah I sorta see your point....im no lawyer and its getting a bit deep for me, though I still see things from the illegality POV.

Though how many incidents do we have where a players career is cut short by an illegal act?
We have many many injuries, yes...the majority are occupational hazards, others are also the result of fould play.....no where near the same numbers but yes some are,this will result in a lot less guilty pleas at the judiciary...end story here.

The percentage of players having their careerts terminated by an illegality ala JM is miniscule.

If I walked into your office and picked you up illegally picked you up n dropped you on your noggin, and rendered you incapacitated and unable to recieve your usual income, then id expect to have my arse sued off I guess.

Different to normal, legal, legitimate workplace accidents that occur everyday and where compo is in place to provide for these unfortunate accidents.

 

[NZ Warrior]

I think this one's getting too deep for most of us, myself included. I simply had no desire to take up business law and law itself, and I don't intend to after this ruling.

The whole thing regarding "intent to cause injury" and applying it to Rugby League makes me sick.

I am also dumbfounded at how this tackle could have been deemed malicious. I wish there was a video file floating around somewhere. I thought it was blatantly obvious that Kearney lost control of the tackle because Bai came in and changed McCracken's body angle, causing Kearney to fall off balance. Just unbelieveable. It was simple a tackle that had gone wrong.

I feel for Jarrod McCracken and I do feel he should get compenstion, but not like this. It just highlights a glaring inadequacy that the game needs to address to stop this sort of thing happening again. Set up a trust fund or something to help players out when they find themselves in this very unfortunate situation.