Christabella
Moderator
- Joined
- Aug 27, 2003
- Messages
- 6,133
- Reaction score
- 2
MELBOURNE Storm and rugby league players Stephen Kearney and Marcus Bai are liable to pay damages to former West Tigers skipper Jarrod McCracken over a spear tackle that ended his career, a New South Wales Supreme Court judge found today.
McCracken, 34, sued the players and the Storm, their former National Rugby League (NRL) club, for more than $750,000 in damages over a spear tackle on May 12, 2000.
He suffered neck and spine injuries, and claimed the incident had 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 ... 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," Mr Crittenden said.
The defendants would most likely appeal against the decision, he said.
McCracken's lawyer, Bernard Gross, QC, said "they were happy with the result" but would not comment further.
AAP
McCracken, 34, sued the players and the Storm, their former National Rugby League (NRL) club, for more than $750,000 in damages over a spear tackle on May 12, 2000.
He suffered neck and spine injuries, and claimed the incident had 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 ... 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," Mr Crittenden said.
The defendants would most likely appeal against the decision, he said.
McCracken's lawyer, Bernard Gross, QC, said "they were happy with the result" but would not comment further.
AAP
