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Linesman files $10M suit against Dennis Wideman

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Old
04-21-2017, 08:21 AM
  #251
Blueton
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Quote:
Originally Posted by kunekune View Post
Only in the USA.

Justice system over there is a big joke.
Someone gets knocked out of work through no fault of their own while on the job and they want some kind of restitution.

Yeah, what a horrible judicial system.

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04-21-2017, 08:22 AM
  #252
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Originally Posted by iguuar View Post
Yes the injury he suffered was damage to the vertebrae which caused the nerves running down his shoulders/arms to become entrapped.

Thats the injury.

So again had this happened during the game it would not have been possible for him to continue the game. He would be in a neck brace on a back board on the way to hospital.

Nobody on here understands spinal damage unless you have experienced it first hand. So the damage he incurred wasnt enough to stop him from finishing the game but was severe enough to cause him to be permanently disable for life whereby he now cant skate.

I see people like every week in support group that exaggerate the extent of their pain and suffering and it is always to get more pain medication or financial gains.

People in this kind of pain wouldnt walk or skate such as he was capable of.

Seems most of you dont get that he finished the game with no complications at all.
So all the doctors and surgeons who diagnose/treat spinal injuries don't know as much as you because they haven't experienced a spinal injury? You sound like you have no idea what you're talking about.

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04-21-2017, 08:24 AM
  #253
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Also, for people asking why he is sueing the Flames, again based on my civil law background... Wideman was under contract with the Flames at the time of the event and Wideman was acting in the performance of his duties (playing hockey). In Québec, those are the only 2 elements you'd have to prove for the Flames to be held responsible of their employee.

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04-21-2017, 08:56 AM
  #254
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Originally Posted by Lenny Vegas View Post
It happened when the game was in play. Crosby and the other idiots should be jailed too.
Wow... what game are you watching?

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04-21-2017, 09:23 AM
  #255
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Quote:
Originally Posted by kunekune View Post
Only in the USA.

Justice system over there is a big joke.


How dare people be reimbursed for the damage done to them by someone else.

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Old
04-21-2017, 09:24 AM
  #256
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Originally Posted by KrisLetAngry View Post
A settlement of 100k would I think be good
Lol if that's the resulting settlement his lawyer should be disbarred.

For a guy suffering permanent disability while working a job where he makes >100k a year, if he doesn't end up with at least 2.5m he hired the worst ****ing lawyer imaginable.

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04-21-2017, 09:25 AM
  #257
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Would not shock me if he gets awarded more then $10 million.

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04-21-2017, 09:38 AM
  #258
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Did Wideman continue playing in that game and was checked for a concussion afterward? Box score shows TOI = 16:32. Wideman didn't even look behind him to see if he was alright. He cross checks him from behind while his own head is up and then goes right to the bench. I doubt he gets the full amount and they will probably settle out of court but I wonder if any team takes a flyer on Wideman this summer. Especially since the rumors are out there that the Flames don't receive the benefit of the calls they should get due to the hit.

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04-21-2017, 09:39 AM
  #259
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I'd postulate that the Flames are NOT liable under the doctrine of respondeat superior because Wideman's act was an intentional tort outside the scope of his employment and, therefore, there was no causal nexus between Wideman's act and his employment by the Flames.

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04-21-2017, 09:43 AM
  #260
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Originally Posted by Poulin 0n My St1ck View Post
I'd postulate that the Flames are NOT liable under the doctrine of respondeat superior because Wideman's act was an intentional tort outside the scope of his employment and, therefore, there was no causal nexus between Wideman's act and his employment by the Flames.
The thing is in Canada companys are liable for the action of there worker.

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04-21-2017, 09:54 AM
  #261
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Originally Posted by jason2020 View Post
The thing is in Canada companys are liable for the action of there worker.
Regardless of whether the employee's act was within the scope of his/her employment?

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04-21-2017, 10:00 AM
  #262
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Originally Posted by Poulin 0n My St1ck View Post
Regardless of whether the employee's act was within the scope of his/her employment?
That would probably be one of the most interesting debates in the case.

Also, the guy was retiring at the end of the year, so while 100K is not a lot, 2,5M is way too much. He was never gonna make close to that in his lifetime.

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04-21-2017, 10:03 AM
  #263
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Originally Posted by Spazkat View Post
There's a lot of assumptions in this. You admit you have no idea what his yearly income is now, and then decide that it's too much. For all we know he had another lucrative position in addition to officiating that he is no longer able to perform either. I also think you're severely underestimating the amount of out of pocket expenses that may have been incurred. When people lose mobility, there are all sorts of modifications typically required in both the home and vehicle to maintain independence, not to mention now having to pay people to do all manner of things that one would typically do themselves.

Just because they weren't specifically referenced in the article doesn't mean they weren't included in the suit. TBH I'd be shocked if there weren't some sort of "pain and suffering" dollars in there.
True, there's lots of assumptions in this, but I really don't think it's $588k ish until he's 65. Heck, I really don't think he would have been working till 65 if he was making over 300k. But we do have to assume a few things because lots of the information will never be released to the public. There's definitely speculation out there that he would be retiring early though.

I didn't estimate the out of pocket expenses. It was in the article. Those numbers would be the ones provided by Henderson's camp. $200k general, $50 for additional costs such as house keeping etc. then 10 mil for lost current and future wages.

As at this point, I'm assuming quality of life and future medical costs haven't been included in the 10 mil, but you might be correct that it does include it. It seems silly that they would not do proper wording to show the 10 mil number includes the pain and suffering.

This is apparently what Henderson is dealing with:


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Old
04-21-2017, 10:08 AM
  #264
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Originally Posted by Darren Peng View Post
Hey, did you go to Hollywood Upstairs Medical College too?
Rofl nice reference

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04-21-2017, 10:10 AM
  #265
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Wonder what (a) and (b) are in that list.

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04-21-2017, 10:43 AM
  #266
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Isn't the money that he is requesting equal to 50 years of reffing? If that's the case, I think he'll end up getting less.

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04-21-2017, 10:53 AM
  #267
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Quote:
Originally Posted by Poulin 0n My St1ck View Post
Regardless of whether the employee's act was within the scope of his/her employment?
No, since taking out linesmen isn't part of his job it's definitely a different case. Especially since he's under a contract and not a employee

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04-21-2017, 10:54 AM
  #268
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Quote:
Originally Posted by btimbit View Post
No, since taking out linesmen isn't part of his job it's definitely a different case. Especially since he's under a contract and not a employee
Employees can (and often are) under contract.

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04-21-2017, 10:54 AM
  #269
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Quote:
Originally Posted by kunekune View Post
Only in the USA.

Justice system over there is a big joke.
This comment is especially funny because the suit was filed in Canada.

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Old
04-21-2017, 10:54 AM
  #270
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Ive already stated this. He apparently had 2 vertebrae in his neck that had minor impingments. Hairline fractures in the vertebrae combined with nerve entrapment would lead to;

1. Neck pain.
2. Back pain.
3. Arm/Hand pain.
4. Numbness and loss of sensation in peripheral areas such as hands and feet.

I know more on this subject than any person here. I guarantee I know more than most doctors as well. Ive been educated thoroughly by the neurologists that performed similar surgeries I required.

The final conclusion.

Being that he was able to complete the game without any complications it is likely this injury was not a direct result of the hit from Dennis Wideman.

Many adult males at his age have the exact same back and neck issues. The pain can be negligent to mild for years to decades. Many adults dont even notice any symptoms until the spinal column develops significant stenosis. At this point the vertebrae can physically crush discs. The resulting pressure is what leads to vertebrae fractures.

In my case it was a hockey injury from when I was 16. I was 100% pain free for 18 years and one morning woke up needing a trip to the hospital.

This is very likely what happened to him a neurosurgeon will tell you it is the most common result of the damage.

When spinal damage comes on quickly people arent able even stand upright. Yet this guy was able to skate the rest of the game perfectly fine.

The linesmen should have private insurance set up in case of injury just as every single player has
Most players have insurance protecting their income through Lloyds of London or Chubb insurance.

In Alberta the award for loss of limb in an accident is 100k. A judge cant award more as our precedents for higher awards require permanent mental disability or death.

Eric Lindros is a prime example. Lost his career from a Scott Stevens hit. Players arent liable. Any person on the ice assumes a risk of injury from potentially being hit by pucks, sticks or players.

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04-21-2017, 10:55 AM
  #271
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Quote:
Originally Posted by iguuar View Post
Ive already stated this. He apparently had 2 vertebrae in his neck that had minor impingments. Hairline fractures in the vertebrae combined with nerve entrapment would lead to;

1. Neck pain.
2. Back pain.
3. Arm/Hand pain.
4. Numbness and loss of sensation in peripheral areas such as hands and feet.

I know more on this subject than any person here. I guarantee I know more than most doctors as well. Ive been educated thoroughly by the neurologists that performed similar surgeries I required.

The final conclusion.

Being that he was able to complete the game without any complications it is likely this injury was not a direct result of the hit from Dennis Wideman.

Many adult males at his age have the exact same back and neck issues. The pain can be negligent to mild for years to decades. Many adults dont even notice any symptoms until the spinal column develops significant stenosis. At this point the vertebrae can physically crush discs. The resulting pressure is what leads to vertebrae fractures.

In my case it was a hockey injury from when I was 16. I was 100% pain free for 18 years and one morning woke up needing a trip to the hospital.

This is very likely what happened to him a neurosurgeon will tell you it is the most common result of the damage.

When spinal damage comes on quickly people arent able even stand upright. Yet this guy was able to skate the rest of the game perfectly fine.

The linesmen should have private insurance set up in case of injury just as every single player has
Most players have insurance protecting their income through Lloyds of London or Chubb insurance.

In Alberta the award for loss of limb in an accident is 100k. A judge cant award more as our precedents for higher awards require permanent mental disability or death.

Eric Lindros is a prime example. Lost his career from a Scott Stevens hit. Players arent liable. Any person on the ice assumes a risk of injury from potentially being hit by pucks, sticks or players.
Rather large leap.

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04-21-2017, 10:56 AM
  #272
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Originally Posted by The Macho Man View Post
Employees can (and often are) under contract.
Employees can be under contract but contractors don't have the same rights as a employee, and vice versa.

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Old
04-21-2017, 10:58 AM
  #273
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Quote:
Originally Posted by btimbit View Post
Employees can be under contract but contractors don't have the same rights as a employee, and vice versa.
There is no cognizable argument that Wideman or any other NHLer is a contractor and not an employee.

Source: Lawyer.

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04-21-2017, 11:01 AM
  #274
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Also multiple independent arbitrators determined Wideman was not at fault.

If Wideman and Calgary Flamed then the NHL should also as they are the employer of the Calgary Flames.

Simply trying to get money out of anyone. Its pathetic.

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Old
04-21-2017, 11:05 AM
  #275
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Quote:
Originally Posted by iguuar View Post
Ive already stated this. He apparently had 2 vertebrae in his neck that had minor impingments. Hairline fractures in the vertebrae combined with nerve entrapment would lead to;

1. Neck pain.
2. Back pain.
3. Arm/Hand pain.
4. Numbness and loss of sensation in peripheral areas such as hands and feet.

I know more on this subject than any person here. I guarantee I know more than most doctors as well. Ive been educated thoroughly by the neurologists that performed similar surgeries I required.

The final conclusion.

Being that he was able to complete the game without any complications it is likely this injury was not a direct result of the hit from Dennis Wideman.

Many adult males at his age have the exact same back and neck issues. The pain can be negligent to mild for years to decades. Many adults dont even notice any symptoms until the spinal column develops significant stenosis. At this point the vertebrae can physically crush discs. The resulting pressure is what leads to vertebrae fractures.

In my case it was a hockey injury from when I was 16. I was 100% pain free for 18 years and one morning woke up needing a trip to the hospital.

This is very likely what happened to him a neurosurgeon will tell you it is the most common result of the damage.

When spinal damage comes on quickly people arent able even stand upright. Yet this guy was able to skate the rest of the game perfectly fine.

The linesmen should have private insurance set up in case of injury just as every single player has
Most players have insurance protecting their income through Lloyds of London or Chubb insurance.

In Alberta the award for loss of limb in an accident is 100k. A judge cant award more as our precedents for higher awards require permanent mental disability or death.

Eric Lindros is a prime example. Lost his career from a Scott Stevens hit. Players arent liable. Any person on the ice assumes a risk of injury from potentially being hit by pucks, sticks or players.
It's possible.
I will take this bet if you are not or never were an actual licensed doctor.

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