Illinois Personal Injury: Is Getting Hurt Really Part Of The Game? If you were playing catcher in baseball and got run over on a play at the plate, everyone would likely agree that is just part of the game. But what if you were playing catcher and not involved in a play when a runner decided to blind-side you? That's not part of the game, but should you have the ability to bring a suit if you get hurt? Some recent high profile cases tell us you can. On March 8, 2004, during a game between the Colorado Avalanche and the Vancouver Canucks, Todd Bertuzzi skated up behind Moore, sucker-punching him in the waning moments of a 9-2 Canucks loss at General Motors Place in Vancouver. Bertuzzi's attack sent Moore, now 27, to the hospital with three fractured neck vertebrae, facial cuts and a severe concussion. He was taken off the ice in a stretcher and has not played since. On February 16, 2006, Moore filed a civil suit in the province of Ontario against Bertuzzi, The Vancouver Canucks, and the parent company of the Canucks, Orca Bay. He is seeking CAD$15 million in pecuniary damages for loss of income, CAD$1 million for aggravated damages, and CAD$2 million for punitive damages. Currently, NHL commissioner Gary Bettman is attempting to get Bertuzzi and Moore to agree on an out-of-court settlement in the $19.5 million lawsuit filed by Moore. In another case, the Raiders’ star linebacker Bill Romanowski punched backup tight end Marcus Williams in the face during preseason when an Aug. 24, 2003, practice-field scuffle turned violent. The blow from Romanowski shattered Williams' eye socket, leaving him with double vision and brain damage, along with flashbacks and psychological problems. Williams was ultimately forced to retire, leading to his filing a civil lawsuit against Romanowski, seeking $3.8 million in damages. Following a three-week trial, a jury ordered Romanowski to pay Williams $340,000 in damages for injuring the tight end during a practice drill in 2003. Williams was awarded $40,000 in medical expenses and $300,000 for lost wages -- about one season's salary. The verdict establishes that there are limits to the violence in football. There is conduct in and out of bounds of the sport. But, at what point does certain conduct cross the line? A participant sport athlete has a duty not to engage in wanton, willful, or reckless conduct that injures another player or spectator. A player is liable in tort if his conduct is such that it is either deliberate, willful or with a reckless disregard for the safety of other player so as to cause injury to the other players. Players are required to exercise ordinary care. A participant in a contact sport may recover for injury only where the other’s conduct is willful, wanton or in reckless disregard. Courts have held that the plaintiff is required to plead & prove willful or wanton conduct, not mere negligence. |
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