Barry O'Speedwagon
Coach
- Messages
- 19,393
You would imagine the Storm's general public liability insurance will cover the matter.
Yep, was about to say the same thing.
You would imagine the Storm's general public liability insurance will cover the matter.
http://www.smh.com.au/news/League/M...-tackle-damages/2005/02/22/1109046921058.htmlThe former Wests Tigers footballer Jarrod McCracken has won his case for negligence against Melbourne Storm football club and two players in the NSW Supreme Court.
Justice Robert Hulme found the National Rugby League club Melbourne Storm and players Stephen Kearney and Marcus Bai are liable to pay damages to McCracken after a spear tackle that occurred in round 15 of the 2000 competition at Melbourne's Olympic Park.
Damages will be addressed on August 22 with McCracken claiming at least the loss of $1.4 million in football earnings alone. Both players are insured through their club insurers CGU and won't be personally financially liable.
But any anticipated floodgate of similar claims by players in contact sports may not be forthcoming as McCracken's case was conducted under a NSW law that existed before the current amendments to the civil liability and personal responsibility act.
Sports lawyer Jackie Solakovski from Lander and Rogers said that McCracken's victory is "a timely reminder that athletes are not immune from civil action".
But she said the case was not groundbreaking because other examples - such as the Mark Bugden case that saw Steve Rogers's Australian season ended - had established that athletes could take incidents that were outside the normal rules of the sport to court.
Justice 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 judgement.
McCracken, now a successful property developer with more than $20 million in assets, said through his lawyer Bernard Gross that he was "quite pleased with the result".
Outside the court, counsel for the three defendants, Robert Crittenden, said his clients were disappointed with the decision.
"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 . . ."
NRL chief operating officer Graham Annesley said the decision would not impact on the running of the game, but the NRL would contact insurers to determine the effect on premiums.
The McCracken tackle was complete different to the one that injured McKinnon.
It was one of the worst tackles ever on a footy field.
I know it seems the wrong thing to say, and it should never have been said on the field, but McKinnon did help cause the injury himself by ducking his head in the tackle. Now I know he should t have been lifted in the first place, but he wasn't put into a position where there was nothing he could do (like the McCracken tackle). The tackle was barely a grade 1 but of course it looks so much worse because of the outcome.
You would imagine the Storm's general public liability insurance will cover the matter.
I disagree, especially if Storm are shown to be negligent.
The tackle was outside the rules of the NRL and so was illegal, hence some insurances will not pay for issues that do not comply and this was certainly outside the NRL rules.
Public Liability only applies to those who follow the rules/laws. I think the Storm could wear a big kick in they guts here more so especially because of the way they engage wrestling coaches etc, to teach the players to play outside the rules.
Just why did the Channel Nine Footy Show apologise to Cameron Smith?
SMH 27/05/2016
Peter FitzSimons
What's doing with that weird Channel Nine apology to Cameron Smith on Wednesday night? As you know, out of a clear blue sky and after a year long boycott the Kangaroo captain suddenly appeared on The Footy Show beside Fatty Vautin whereupon Vautin read out, with some discomfort, a prepared statement.
"Before we get started," Fatty said, "we know it's been a difficult relationship between Channel Nine and yourself over the past 12 months. With regards to those issues, on behalf of the Nine Network we want to apologise to you and your family and ..."
And, as had clearly been choreographed, after Smith accepted the apology, they got on with the show, with seeming general relief all round that that unpleasantness was behind them, all good friends and jolly good company.
Sorry, WHAT?
Could someone, starting with Channel Nine, explain what exactly they are apologising for? I know, last year, the lead 60 Minutes reporter Liz Hayes a dear friend, I disclose did a big story on the fate of Newcastle Knight, Alex McKinnon, who was left in a wheelchair for life after a tackle by a Melbourne Storm player.
A small part of the story that gathered a lot of attention was the hurt McKinnon felt at the seeming lack of concern displayed by Smith a hurt McKinnon documented at length in his book which centred on Smith arguing the toss over Melbourne being penalised for the tackle, and telling the ref that McKinnon ducking his head made him in part responsible for the injury he sustained.
At that stage, true, it was not clear that McKinnon would be a quadriplegic, but as he was carefully carried off on a stretcher, there was no doubt that it was desperately serious. All of that was displayed fact. We saw the footage. We heard the words. There was nothing in that for Nine to apologise for.
None of the basic facts of the story are in dispute, even by Smith who, though a great ambassador for rugby league and a very good man, appears to have made a bad error of judgement on this occasion. It happens.
We're still no closer to finding out what Nine was sorry for. Was it then, the fact that Sixty Minutes didn't give Smith a chance to tell his side of the story? Well, SAY that! Tell us that was the reason for the apology. I am frankly not sure what Smith could say which would exculpate the footage we saw.
It spoke for itself. But the upshot was extremely troubling. By making such an apology, Nine cut Liz Hayes off at the knees staggeringly, she was not even told an apology for her story was coming.
The clear implication of the apology, for McKinnon, was that he had no right to the hurt he felt. Don't argue you can't have it both ways.
Last year, Nine was solidly backing McKinnon's hurt. With that apology, they are no longer at his shoulder, but instead lined up right beside Smith, as the cameras roll and the ratings rise once more. Smith's boycott against appearing on Nine has clearly been singularly effective.
Yet Smith made no such boycotts of News Ltd, even though they ran as they had every right to do the excerpts from McKinnon's book where he made exactly the same case. News was not asked to apologise for publishing it.
At the end of it all, we are left with McKinnon in his wheelchair, seemingly just last year's feel-bad-feel-good story, while the Australian captain, this year, has emerged as the real victim of the piece, with everyone feeling good that his name has been cleared!
It is a farce. I get commercial television. My wife is a Channel Nine employee. But I just don't get this.
liz hayes ‏@thelizhayes 15h15 hours ago
I'm o/s but for the record I was not aware of a planned apology. I'd love to speak to Cam Smith - always did. I still have plenty to ask
They could have just gone 8 weeks talking to Thurston, Thaiday, any host of others... it wasn't a big deal last time.
It's not like many people are actually holding out to hear Cam Smith's thoughts about anything :lol: