Alex McKinnon Sues NRL

@batboy said:
@Geo. said:
Interesting to see how this pans out…

Not without precedent ..Didn't McCraken sue Kearney for ending his career...?

And the Storm I reckon….
Pretty sure he won.

However, That tackle was very, very different.

I think McCracken actually sued Marcus Bai from memory Geo

This will change the game forever if McKinnon is successful , and I think he will have a serious claim

As to blaming Jordan McLean I don't agree
 
@king sirro said:
@pHyR3 said:
headline ignores he is also personally suing jordan mclean…pretty unfair in my opinion. its not like it was done maliciously, if that goes through and mclean is found guilty this sport will get VERY ugly very quickly.

players like taniela, dwyer and many more who had their careers ended and still have disabilities today, have a precedent to sue people involved in the relevant tackle from now on

Completely fair. Mclean deliberatley did an illegal act that resulted in the injury. Yes he didn't mean to break his neck, but he deliberately reached down and lifted. The consequences of this illegal act were catastrophic and he deserves to be sued for everything.

I dont feel sorry for Mclean one bit. He had Mckinnon, then reached down and lifted.
Yes there are worse tackles all the time, and everyone is unlucky at the result of Jordans tackle, no doubting that, but he chose to do the illegal act, and he deserves to be punished as a result Alex's injury.

If i hit someone with my car speeding and injure them, i get charged with neg driving causing harm, if i do the exact same thing but the victim dies, then im charged with Manslaughter. Same illegal act, different consequences, different punishment.

Mclean hasnt been punished at all for what he did.

Im all for Alex suing Mclean. He may even have ancase agaisnt the practices employed by Melbourne. He definitely has a case againt the NRL for not punishing lifting tackles adequately to deter players doing them.

you keep using the word illegal but given this is a LEGAL context, his actions were not illegal. they were against the NRL's rules but that doesnt make them illegal.

i highly doubt he will face anything, happy to eat my words in a years time but i dont think i will be.

driving is completely different, when you enter a footy field you sign away most of those rights unlike if youre a pedestrian hit by a car. in fact, you sign INTO many responsibilities when you get a licence, insurance etc.

thats why you can tackle someone on a footy field, but if i walked down the street and tackled someone i'd be facing assault charges
 
@happy tiger said:
@batboy said:
@Geo. said:
Interesting to see how this pans out…

Not without precedent ..Didn't McCraken sue Kearney for ending his career...?

And the Storm I reckon….
Pretty sure he won.

However, That tackle was very, very different.

I think McCracken actually sued Marcus Bai from memory Geo

This will change the game forever if McKinnon is successful , and I think he will have a serious claim

As to blaming Jordan McLean I don't agree

I habe explained why i blame McLean, can u explain why u dont blame him?
 
@king sirro said:
@happy tiger said:
@batboy said:
@Geo. said:
Interesting to see how this pans out…

Not without precedent ..Didn't McCraken sue Kearney for ending his career...?

And the Storm I reckon….
Pretty sure he won.

However, That tackle was very, very different.

I think McCracken actually sued Marcus Bai from memory Geo

This will change the game forever if McKinnon is successful , and I think he will have a serious claim

As to blaming Jordan McLean I don't agree

I habe explained why i blame McLean, can u explain why u dont blame him?

Accidents happen every day KS

Some are far worse than others

The NRL is to blame , they have had every chance to penalize the offenders heavily and smashed them with a wet tissue

Blame the game , not the individual
 
@pHyR3 said:
@king sirro said:
@pHyR3 said:
headline ignores he is also personally suing jordan mclean…pretty unfair in my opinion. its not like it was done maliciously, if that goes through and mclean is found guilty this sport will get VERY ugly very quickly.

players like taniela, dwyer and many more who had their careers ended and still have disabilities today, have a precedent to sue people involved in the relevant tackle from now on

Completely fair. Mclean deliberatley did an illegal act that resulted in the injury. Yes he didn't mean to break his neck, but he deliberately reached down and lifted. The consequences of this illegal act were catastrophic and he deserves to be sued for everything.

I dont feel sorry for Mclean one bit. He had Mckinnon, then reached down and lifted.
Yes there are worse tackles all the time, and everyone is unlucky at the result of Jordans tackle, no doubting that, but he chose to do the illegal act, and he deserves to be punished as a result Alex's injury.

If i hit someone with my car speeding and injure them, i get charged with neg driving causing harm, if i do the exact same thing but the victim dies, then im charged with Manslaughter. Same illegal act, different consequences, different punishment.

Mclean hasnt been punished at all for what he did.

Im all for Alex suing Mclean. He may even have ancase agaisnt the practices employed by Melbourne. He definitely has a case againt the NRL for not punishing lifting tackles adequately to deter players doing them.

you keep using the word illegal but given this is a LEGAL context, his actions were not illegal. they were against the NRL's rules but that doesnt make them illegal.

i highly doubt he will face anything, happy to eat my words in a years time but i dont think i will be.

driving is completely different, when you enter a footy field you sign away most of those rights unlike if youre a pedestrian hit by a car. in fact, you sign INTO many responsibilities when you get a licence, insurance etc.

thats why you can tackle someone on a footy field, but if i walked down the street and tackled someone i'd be facing assault charges

Yeh u can tackle someone, you cant lift them. You dont sign away the right to be protected against things that break the rules (making it illegal in this particular workplace). If i break my workplace rules and it results in a colleague breaking his neck i can assure u i wont be suspended for 7 weeks. The driving analogy was to point out how injury should be taken into account when handing down punishment.
 
@happy tiger said:
@king sirro said:
@happy tiger said:
@batboy said:
And the Storm I reckon….
Pretty sure he won.

However, That tackle was very, very different.

I think McCracken actually sued Marcus Bai from memory Geo

This will change the game forever if McKinnon is successful , and I think he will have a serious claim

As to blaming Jordan McLean I don't agree

I habe explained why i blame McLean, can u explain why u dont blame him?

Accidents happen every day KS

Some are far worse than others

The NRL is to blame , they have had every chance to penalize the offenders heavily and smashed them with a wet tissue

Blame the game , not the individual

Seriously??? Dont blame the individual that made the decision to lift? McLean made the decision to break the rules. He knew thats illegal in the NRL, yet he chose to do it. He has to suffer the consequences of his actions. He made the decision. Yes he didnt mean for Alex to break his neck, every fair minded person would agree with that, but he deliberately broke the rules and we all know the result of his decision to lift.
 
@happy tiger said:
@batboy said:
@Geo. said:
Interesting to see how this pans out…

Not without precedent ..Didn't McCraken sue Kearney for ending his career...?

And the Storm I reckon….
Pretty sure he won.

However, That tackle was very, very different.

I think McCracken actually sued Marcus Bai from memory Geo

This will change the game forever if McKinnon is successful , and I think he will have a serious claim

As to blaming Jordan McLean I don't agree

Just like taco's …looks like he sued both...

http://www.smh.com.au/news/League/McCracken-sues-over-careerending-tackle/2005/02/14/1108229926132.html
 
Ever since this happened not one person supporting Mclean has ever given a good reason as to why he should escape the full brunt of what hopefully lies ahead for him. All u hear is, "it was an accident", "there are worse tackles every week" blah blah….no solid piints at all. All old school crap with no accountability for the actual decision this young man made.

Jordan Mclean should be punished big time, but not as much as the NRL and Melobourne. Both the NRL and Melbourne should be hammered over this. They created the environment for this to happen.

I wont continue to argue this, ive made my view clear and in 3 years no one has made one decent point against my view (in my opinion of course).

Time will tell what the courts think. Fingers crossed Craig Bellamy's practices are brought into the spotlight.
 
@king sirro said:
@happy tiger said:
@king sirro said:
@happy tiger said:
I think McCracken actually sued Marcus Bai from memory Geo

This will change the game forever if McKinnon is successful , and I think he will have a serious claim

As to blaming Jordan McLean I don't agree

I habe explained why i blame McLean, can u explain why u dont blame him?

Accidents happen every day KS

Some are far worse than others

The NRL is to blame , they have had every chance to penalize the offenders heavily and smashed them with a wet tissue

Blame the game , not the individual

Seriously??? Dont blame the individual that made the decision to lift? McLean made the decision to break the rules. He knew thats illegal in the NRL, yet he chose to do it. He has to suffer the consequences of his actions. He made the decision. Yes he didnt mean for Alex to break his neck, every fair minded person would agree with that, but he deliberately broke the rules and we all know the result of his decision to lift.

I know my opinions on this aren't going to be popular or even legally right , it's just how I feel

The NRL floats around everything and never takes a stance on anything

If the game put a big enough ban on these types of tackles they'd never happen again

Look what happened in the early 80's when they started throwing around 18 month bans against players
 
@king sirro said:
Ever since this happened not one person supporting Mclean has ever given a good reason as to why he should escape the full brunt of what hopefully lies ahead for him. All u hear is, "it was an accident", "there are worse tackles every week" blah blah….no solid piints at all. All old school crap with no accountability for the actual decision this young man made.

Jordan Mclean should be punished big time, but not as much as the NRL and Melobourne. Both the NRL and Melbourne should be hammered over this. They created the **environment** for this to happen.

I wont continue to argue this, ive made my view clear and in 3 years no one has made one decent point against my view (in my opinion of course).

Time will tell what the courts think. Fingers crossed Craig Bellamy's practices are brought into the spotlight.

'environment' == tackling

remove tackling and voila, we've got a LOT less injuries. sure you can argue wrestling etc makes it worse but you can break someones neck or cause permenant brain damage from normal tackles too. hell, most CTE experts at the moment are pinning the very big difference in suicide rates in NFL players to normal people down to concussions/brain damage. and we see similar things in the NRL as well. in 50 years i doubt tackling will be a part of many sports in the world…

in any case, asking for 20 million when youve got a very nice job at the knights and the NRL giving you $1 from every ticket sold for an entire NRL round as well as i'm sure some good money from tv channels/interviews etc. seems a bit rich. you dont need 20 mil to live a 'normal life'
 
@happy tiger said:
@king sirro said:
@happy tiger said:
@king sirro said:
I habe explained why i blame McLean, can u explain why u dont blame him?

Accidents happen every day KS

Some are far worse than others

The NRL is to blame , they have had every chance to penalize the offenders heavily and smashed them with a wet tissue

Blame the game , not the individual

Seriously??? Dont blame the individual that made the decision to lift? McLean made the decision to break the rules. He knew thats illegal in the NRL, yet he chose to do it. He has to suffer the consequences of his actions. He made the decision. Yes he didnt mean for Alex to break his neck, every fair minded person would agree with that, but he deliberately broke the rules and we all know the result of his decision to lift.

I know my opinions on this aren't going to be popular or even legally right , it's just how I feel

The NRL floats around everything and never takes a stance on anything

If the game put a big enough ban on these types of tackles they'd never happen again

Look what happened in the early 80's when they started throwing around 18 month bans against players

I agree with that. The NRL has a lot to answer for. They allowed Craig Bellamy to employ the dirtiest most dangerous tactics in the games history. Blatant swinging arms of the ild days are nothong compared to what Bellamy has introduced. The NRL needs to be gunned down for it, likewise Bellamy and Melbourne.
 
@pHyR3 said:
@king sirro said:
Ever since this happened not one person supporting Mclean has ever given a good reason as to why he should escape the full brunt of what hopefully lies ahead for him. All u hear is, "it was an accident", "there are worse tackles every week" blah blah….no solid piints at all. All old school crap with no accountability for the actual decision this young man made.

Jordan Mclean should be punished big time, but not as much as the NRL and Melobourne. Both the NRL and Melbourne should be hammered over this. They created the **environment** for this to happen.

I wont continue to argue this, ive made my view clear and in 3 years no one has made one decent point against my view (in my opinion of course).

Time will tell what the courts think. Fingers crossed Craig Bellamy's practices are brought into the spotlight.

'environment' == tackling

remove tackling and voila, we've got a LOT less injuries. sure you can argue wrestling etc makes it worse but you can break someones neck or cause permenant brain damage from normal tackles too. hell, most CTE experts at the moment are pinning the very big difference in suicide rates in NFL players to normal people down to concussions/brain damage. and we see similar things in the NRL as well. in 50 years i doubt tackling will be a part of many sports in the world…

in any case, asking for 20 million when youve got a very nice job at the knights and the NRL giving you $1 from every ticket sold for an entire NRL round as well as i'm sure some good money from tv channels/interviews etc. seems a bit rich. you dont need 20 mil to live a 'normal life'

So ridiculous i shouldnt reply to u but i will. "Normal life", how can u possibly dare to guess how much it will cost Alex to live a so called normal life? No amount will.
 
@king sirro said:
@happy tiger said:
@king sirro said:
@happy tiger said:
Accidents happen every day KS

Some are far worse than others

The NRL is to blame , they have had every chance to penalize the offenders heavily and smashed them with a wet tissue

Blame the game , not the individual

Seriously??? Dont blame the individual that made the decision to lift? McLean made the decision to break the rules. He knew thats illegal in the NRL, yet he chose to do it. He has to suffer the consequences of his actions. He made the decision. Yes he didnt mean for Alex to break his neck, every fair minded person would agree with that, but he deliberately broke the rules and we all know the result of his decision to lift.

I know my opinions on this aren't going to be popular or even legally right , it's just how I feel

The NRL floats around everything and never takes a stance on anything

If the game put a big enough ban on these types of tackles they'd never happen again

Look what happened in the early 80's when they started throwing around 18 month bans against players

I agree with that. The NRL has a lot to answer for. They allowed Craig Bellamy to employ the dirtiest most dangerous tactics in the games history. Blatant swinging arms of the ild days are nothong compared to what Bellamy has introduced. The NRL needs to be gunned down for it, likewise Bellamy and Melbourne.

Wrestling in some form has been in the game for over 30 years KS

I was learning judo moves along with other Jets players in 1986 , remember Alf's hip throw's/tosses

We all need to take some blame in this
 
@king sirro said:
@pHyR3 said:
@king sirro said:
Ever since this happened not one person supporting Mclean has ever given a good reason as to why he should escape the full brunt of what hopefully lies ahead for him. All u hear is, "it was an accident", "there are worse tackles every week" blah blah….no solid piints at all. All old school crap with no accountability for the actual decision this young man made.

Jordan Mclean should be punished big time, but not as much as the NRL and Melobourne. Both the NRL and Melbourne should be hammered over this. They created the **environment** for this to happen.

I wont continue to argue this, ive made my view clear and in 3 years no one has made one decent point against my view (in my opinion of course).

Time will tell what the courts think. Fingers crossed Craig Bellamy's practices are brought into the spotlight.

'environment' == tackling

remove tackling and voila, we've got a LOT less injuries. sure you can argue wrestling etc makes it worse but you can break someones neck or cause permenant brain damage from normal tackles too. hell, most CTE experts at the moment are pinning the very big difference in suicide rates in NFL players to normal people down to concussions/brain damage. and we see similar things in the NRL as well. in 50 years i doubt tackling will be a part of many sports in the world…

in any case, asking for 20 million when youve got a very nice job at the knights and the NRL giving you $1 from every ticket sold for an entire NRL round as well as i'm sure some good money from tv channels/interviews etc. seems a bit rich. you dont need 20 mil to live a 'normal life'

So ridiculous i shouldnt reply to u but i will. "Normal life", how can u possibly dare to guess how much it will cost Alex to live a so called normal life? No amount will.

so jordan mclean should have to pay a large amount of money for an unfortunate accident? i dont really agree with that

i dont blame him for suing, i would as well. i just dont think he should sue mclean.

highly unlikely he will win the lawsuit and the NRL has to pay out the money because theres a voluntary assumption of risk when playing footy.

what will happen is the lawsuit will allow the NRL's insurance will pay him out a certain amount of money, on top of the 2 million he's already received and the job for life theyve given him.
 
@pHyR3 said:
@king sirro said:
@pHyR3 said:
@king sirro said:
Ever since this happened not one person supporting Mclean has ever given a good reason as to why he should escape the full brunt of what hopefully lies ahead for him. All u hear is, "it was an accident", "there are worse tackles every week" blah blah….no solid piints at all. All old school crap with no accountability for the actual decision this young man made.

Jordan Mclean should be punished big time, but not as much as the NRL and Melobourne. Both the NRL and Melbourne should be hammered over this. They created the **environment** for this to happen.

I wont continue to argue this, ive made my view clear and in 3 years no one has made one decent point against my view (in my opinion of course).

Time will tell what the courts think. Fingers crossed Craig Bellamy's practices are brought into the spotlight.

'environment' == tackling

remove tackling and voila, we've got a LOT less injuries. sure you can argue wrestling etc makes it worse but you can break someones neck or cause permenant brain damage from normal tackles too. hell, most CTE experts at the moment are pinning the very big difference in suicide rates in NFL players to normal people down to concussions/brain damage. and we see similar things in the NRL as well. in 50 years i doubt tackling will be a part of many sports in the world…

in any case, asking for 20 million when youve got a very nice job at the knights and the NRL giving you $1 from every ticket sold for an entire NRL round as well as i'm sure some good money from tv channels/interviews etc. seems a bit rich. you dont need 20 mil to live a 'normal life'

So ridiculous i shouldnt reply to u but i will. "Normal life", how can u possibly dare to guess how much it will cost Alex to live a so called normal life? No amount will.

so jordan mclean should have to pay a large amount of money for an unfortunate accident? i dont really agree with that

i dont blame him for suing, i would as well. i just dont think he should sue mclean.

highly unlikely he will win the lawsuit and the NRL has to pay out the money because theres a voluntary assumption of risk when playing footy.

what will happen is the lawsuit will allow the NRL's insurance will pay him out a certain amount of money, on top of the 2 million he's already received and the job for life theyve given him.

Here's my point on this

You say Mclean shouldnt have to pay because it was an accident. But him putting his hand down and lifting was NOT an accicent. That was a deliberate act to complete the tackle. So while i acknowledge he had no intention to hurt Alex the way he did, his actions were not accidental, they were deliberate. The resulting injury was an accident, but the action which lead to it was not.
 
@kiwitiger said:
McCraken only sued the storm, went for 1.5millon damages but only got 90000 because of successful business ventures in NQ. This is according to Radiosport in NZ today when the story broke about Alex M today. However, the judge made a ruling payment would have been more, except he made a lot of money as a developer (don't know why that matters).

His income is probably relevant because part of what he would have been suing for was loss of earnings. While he missed out on the opportunity of earning certain wages playing NRL his injury meant that he pursued other employment opportunities within the same time period which happened to be very lucrative.

Loss of earnings is a compensatory remedy not a punitive remedy so the person suing isn't meant to end up any better off than they would have been, just no worse off than they would have been.
 
@Nelson said:
@kiwitiger said:
McCraken only sued the storm, went for 1.5millon damages but only got 90000 because of successful business ventures in NQ. This is according to Radiosport in NZ today when the story broke about Alex M today. However, the judge made a ruling payment would have been more, except he made a lot of money as a developer (don't know why that matters).

His income is probably relevant because part of what he would have been suing for was loss of earnings. While he missed out on the opportunity of earning certain wages playing NRL his injury meant that he pursued other employment opportunities within the same time period which happened to be very lucrative.

Loss of earnings is a compensatory remedy not a punitive remedy so the person suing isn't meant to end up any better off than they would have been, just no worse off than they would have been.

He lives in a palace at Townsville
 
@happy tiger said:
@king sirro said:
@happy tiger said:
@king sirro said:
I habe explained why i blame McLean, can u explain why u dont blame him?

Accidents happen every day KS

Some are far worse than others

The NRL is to blame , they have had every chance to penalize the offenders heavily and smashed them with a wet tissue

Blame the game , not the individual

Seriously??? Dont blame the individual that made the decision to lift? McLean made the decision to break the rules. He knew thats illegal in the NRL, yet he chose to do it. He has to suffer the consequences of his actions. He made the decision. Yes he didnt mean for Alex to break his neck, every fair minded person would agree with that, but he deliberately broke the rules and we all know the result of his decision to lift.

I know my opinions on this aren't going to be popular or even legally right , it's just how I feel

The NRL floats around everything and never takes a stance on anything

If the game put a big enough ban on these types of tackles they'd never happen again

Look what happened in the early 80's when they started throwing around 18 month bans against players

Comans shortened a couple of players careers because of rules that he brought in , and enforced them. Why they were softened, I'll never understand.
Maybe something good will eventually come out of this,by the NRL having to enforce its own edict about coming into contact with the head,and enforcing the lifting of players, especially when three or more carry a player over the sideline (.another rule that I think is still in the book)
Actually it would be good if the NRL enforced all the rules that clubs , especially The Storm completely ignore.
I don't believe that McLean meant to do the damage that he did, but it was him that lifted, and he didn't have to do that, and the games rules clearly state that he can't do that,so there's not much doubt that it was his fault( otherwise why was he suspended)
The NRL is definetly (IMO) guilty of not having their referees enforce their own rules,
And that applies to a lot of them.

'It was always going to come one day, I'm just surprised that it's taken so long.
McLeans life will probably be thrown into disarray because of the problems it will cause him, and I feel sorry for him about that.
But , he can run out on a football field next season, or just go for a run along a beach, if he wants to.
Alex Mcinnon Can't!
 
Interesting debate… I'm not certain the McCracken case has any relevance as they were sueing for 2 different things.

The $20m is more than likely the full liability limit that Insurance companies will pay... So why not go for the top amount?

Further to that, I'm not convinced the definition of 'Illegal' under the rules of the game has any legal binding formation outside of the game. This debate will more than likely drag out for along time with Lawyers arguing if the NRL Rules are actually legal, then do they have any context in this type of suit.

As I said earlier, I cant begrudge Alex for getting what ever he can.
 
@pHyR3 said:
@king sirro said:
@pHyR3 said:
@king sirro said:
Ever since this happened not one person supporting Mclean has ever given a good reason as to why he should escape the full brunt of what hopefully lies ahead for him. All u hear is, "it was an accident", "there are worse tackles every week" blah blah….no solid piints at all. All old school crap with no accountability for the actual decision this young man made.

Jordan Mclean should be punished big time, but not as much as the NRL and Melobourne. Both the NRL and Melbourne should be hammered over this. They created the **environment** for this to happen.

I wont continue to argue this, ive made my view clear and in 3 years no one has made one decent point against my view (in my opinion of course).

Time will tell what the courts think. Fingers crossed Craig Bellamy's practices are brought into the spotlight.

'environment' == tackling

remove tackling and voila, we've got a LOT less injuries. sure you can argue wrestling etc makes it worse but you can break someones neck or cause permenant brain damage from normal tackles too. hell, most CTE experts at the moment are pinning the very big difference in suicide rates in NFL players to normal people down to concussions/brain damage. and we see similar things in the NRL as well. in 50 years i doubt tackling will be a part of many sports in the world…

in any case, asking for 20 million when youve got a very nice job at the knights and the NRL giving you $1 from every ticket sold for an entire NRL round as well as i'm sure some good money from tv channels/interviews etc. seems a bit rich. you dont need 20 mil to live a 'normal life'

So ridiculous i shouldnt reply to u but i will. "Normal life", how can u possibly dare to guess how much it will cost Alex to live a so called normal life? No amount will.

so jordan mclean should have to pay a large amount of money for an unfortunate accident? i dont really agree with that

i dont blame him for suing, i would as well. i just dont think he should sue mclean.

highly unlikely he will win the lawsuit and the NRL has to pay out the money because theres a voluntary assumption of risk when playing footy.

what will happen is the lawsuit will allow the NRL's insurance will pay him out a certain amount of money, on top of the 2 million he's already received and the job for life theyve given him.

The NRL didn't tackle him
Yes they haven't done enough to get rid of these tackles, , but it was McLean that made the decision to lift him? Thus putting McKinnon in a dangerous position.
I doubt it will ever get to court, but if it did, I can't see why he wouldn't win easily, McLean broke the rules, and the NRL have not done enough to strengthen those rules ,and have allowed dangerous tackles to still remain in the game.
 
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