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Rick Rypien Incident(UPD: Suspended 6 Games, Post # 508)

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Old
10-20-2010, 05:50 PM
  #326
galiano
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Originally Posted by sticknrink View Post
Jesus Christ what an disgrace.

AV and his batch of idiot knuckleheads starting from Rypien to Bieksa need to have their collective heads examined.

What is with this team, ever since Messier joined there's always been one dumbass after another from Bert to Jovo to Bieksa to Rypien.

Suspend him indefinitely, and all of the **** players on the roster so AV has no choice but to play the ones with NHL skill.

Also, Lou needs to stop feeling like Charlie Brown doing his best Naslund impression. Somebody slap that guy and wake him up.

What an interesting perspective. Have you considered an anger management course ?

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Old
10-20-2010, 05:50 PM
  #327
CASUAL KEV
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Originally Posted by Balls Mahoney View Post
God, this fan is a piece of ****. Getting a lawyer? Seriously? I hate this country and I really think we need to re-institute child beating so ******s like this get a concept of what an assault actually is.
Hey if theres money involved I can't blame the guy.

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Old
10-20-2010, 05:51 PM
  #328
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Right, you don't think you're superior to everyone.
Well obviously, but that's well founded. There's no jokes about What do you call a 1,000 Balls Mahoneys at the bottom of the ocean.

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Old
10-20-2010, 05:52 PM
  #329
Barney Gumble
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Originally Posted by jumptheshark View Post
When I was living in Ft Lauderdale, a convict was sueing a home owner for injuries suffered when he broke into his house. the convict won. So, we live in a world where due to lawyers--people are always sueing.
Florida doesn't have the "castle defense"?

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Old
10-20-2010, 05:53 PM
  #330
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Originally Posted by apulsch View Post
everyone is calling for a suspension for the cheap shot. what about jackman's sucker punch during the parros-flicking altercation? HUH? WHAT ABOUT THAT?! The guy wasnt even involved with jackman...
When he punched Perry in the shoulder with his glove on?

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Old
10-20-2010, 05:53 PM
  #331
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Originally Posted by Cromulence View Post
Pratt is saying on team 1040 that the fan has got a lawyer and is seeking damages. I for one am shocked.
The latest was he is seeking legal representation as I understand it per the blog from Michael Russo who covers the Wild for the Star Tribune:
Just got off the phone with 28-year-old James Engquist from Mendota Heights. He is the fan who Canucks forward Rick Rypien grabbed last night as he was leaving the ice.
...
"I was just standing straight up applauding as he was getting kicked out. He was out of control. And then I said, 'Way to be professional,' and he obviously didn’t care for that comment and decided to grab me and almost dragged me over the rail. If my brother wasn’t grabbing me and the other player wasn't grabbing him, he probably would have dragged me over the edge."
...
"This is a crazy incident. I’ve seen a lot of hockey in my day, and I’ve never seen someone actually come into the stands and assault a fan," said Engquist.

Engquist said he is "definitely seeking legal representation. ... I was assaulted, that's just the bottom line."
http://www.startribune.com/sports/wi...9cP3DieyckcUsI

Actually the civil law suit would be for battery (i.e unlawful touching without consent) - think Moore suing Bertuzzi. Assault is the threat of harmful physical contact by a person with the apparent ability to inflict such contact.

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Old
10-20-2010, 05:54 PM
  #332
Lz68
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Quote:
Originally Posted by sticknrink View Post
Jesus Christ what an disgrace.

AV and his batch of idiot knuckleheads starting from Rypien to Bieksa need to have their collective heads examined.

What is with this team, ever since Messier joined there's always been one dumbass after another from Bert to Jovo to Bieksa to Rypien.

Suspend him indefinitely, and all of the **** players on the roster so AV has no choice but to play the ones with NHL skill.

Also, Lou needs to stop feeling like Charlie Brown doing his best Naslund impression. Somebody slap that guy and wake him up.
I think he'll wake up when Ballard gets back and starts smashing sticks on the post

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Old
10-20-2010, 05:55 PM
  #333
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Originally Posted by CloutierForVezina View Post
What damages?

I'm interested what they could possibly pull out of their ass for this lawsuit.
This is an intentional tort - no need for proof of damages. The act itself is unlawful.

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Old
10-20-2010, 05:55 PM
  #334
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At least there's enough drama to make the boring games against the Wild more exciting for the rest of the season.

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Old
10-20-2010, 05:56 PM
  #335
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Originally Posted by Bgav View Post
Assaulted? Lololol what a joke
Nope - it was battery.

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Old
10-20-2010, 05:56 PM
  #336
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Originally Posted by ZyggZagg View Post
I wonder which one is shorter



Yeah, aren't you supposed to have a huge fence to have a pool, since if you don't and someone gets into your pool and gets hurt or dies, you're liable?

Anyways, the system is totally different down there. People sue for spilling coffee on themselves there, here, my mother was butchered by a doctor, and the law firm said we wouldn't get enough to make a case worthwhile, even though the same doctor has done the same thing to countless others. At least he died a year or two ago so he can't do it to anyone else.
Adding one more thing. Wouldn't the best course of action be for the fan to sue the Wild for not giving him adequate protection, and wouldn't Rypien have the same case?

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Old
10-20-2010, 06:00 PM
  #337
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Originally Posted by CanuKer View Post
Hey if theres money involved I can't blame the guy.
And this is basically the root of a huge number of the world's problems today.

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Old
10-20-2010, 06:01 PM
  #338
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Well well well, last night I was mocked for saying I would seek legal representation in the form of Wetcoaster. I don't blame this man one bit, and I would be doing the exact same thing.

You'd be a fool not to attempt to get some money out of this.

I hope he goes through with it and wins.

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Old
10-20-2010, 06:05 PM
  #339
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Not sure if this has been mentioned but did anyone else notice Rypien shove Hank just before he steps into the hall?

I think Hank was trying to calm him down and Rypper obviously didn't want any part of it.

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Old
10-20-2010, 06:05 PM
  #340
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Originally Posted by ZyggZagg View Post
Adding one more thing. Wouldn't the best course of action be for the fan to sue the Wild for not giving him adequate protection, and wouldn't Rypien have the same case?
Rypien sue the Wild for not having a railing big enough to hold him back? Maybe he'd have something if he was threatened and thought the fan was throwing something at him that could hit him but in this case I don't see it.

As for the fan suing the Wild, possibly, but the railing did its job. Again it could down to a fear of potential harm. If the guy thought Rypien actually had the ability to do some damage there might be something but really, he escaped physical harm so it's hard to see negligence.

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Old
10-20-2010, 06:05 PM
  #341
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Originally Posted by spixel View Post
Not much consolation, but at least his actions won't hurt the Canucks cap or rosterwise.

JamiesonCanucks
Contrary to a report, appears Rypien's salary under suspension doesn't count on Canucks' cap and don't lose roster spot. Sorry 4 confusion.
Per the CBA at 50.10 (c )
For Players that are suspended, either by a Club or by the League, the Player Salary and Bonuses that are not paid to such Players shall not count against a Club's Upper Limit or against the Players' Share for the duration of the suspension, but the Club must have Payroll Room for such Player's Player Salary and Bonuses in order for such Player to be able to return to Play for the Club.

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Old
10-20-2010, 06:09 PM
  #342
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Originally Posted by Proto View Post
Whether or not it was assault under the law isn't as relevant to this man receiving damages as you two seem to believe. He would have to prove that he was harmed in some way -- physically, mentally/emotionally -- in order to sue for damages. This seems like a very poor case, despite the hilarious attempt by Grub to really drum up support for how heinous this was.

Too many TV shows, guys.

I'm not going to comment on the specific McDonald's lawsuit since I don't know the details, but with jury trials that put punitive damages on large corporations, they're quite often dramatically reduced upon appeal. It's unlikely McDonald's would ever pay $20 million dollars unless they killed someone with said rat. But, again, I don't know the particulars.

At least Rypien changed the conversation from "lol bad game" to something else. Good job, Ryp!
No need to prove harm or injury - battery is an intentional tort. Damages flow from the unlawful act. Injuries may affect the quantum of damages.
Battery

A battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person. Please note that an offensive touching can constitute a battery even if it does not cause injury, and could not reasonably be expected to cause injury. A defendant who emphatically pokes the plaintiff in the chest with his index finger to emphasize a point may be culpable for battery (although the damages award that results may well be nominal). A defendant who spits on a plaintiff, even though there is little chance that the spitting will cause any injury other than to the plaintiff's dignity, has committed a battery.
http://www.expertlaw.com/library/per...t_battery.html

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Old
10-20-2010, 06:13 PM
  #343
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Originally Posted by PRNuck View Post
Question for wetcoaster or someone else with legal knowledge: Since this guy is playing his ***** card and lawyering up, couldn't Rypien just turn around and say he's suing too? Sue Xcel energy centre for their railings. Sue that guy for whatever he said. I mean the guy obviously said something to make him snap, you can't just hurl insults at people on the street can you? I'm not saying he should, I'm just wondering if that's something he could do.
Rypien could try but it is unlikely to be successful as he was the one it appears who reached in and initiated contact as I view the video.

This is not the street - behaviour at a sporting event would be viewed differently. And provocation is not a defense to a suit for battery although in certain instances it might reduce the damages awarded.

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Old
10-20-2010, 06:14 PM
  #344
ZyggZagg
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Originally Posted by Wetcoaster View Post
No need to prove harm or injury - battery is an intentional tort. Damages flow from the unlawful act. Injuries may affect the quantum of damages.
Battery

A battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person. Please note that an offensive touching can constitute a battery even if it does not cause injury, and could not reasonably be expected to cause injury. A defendant who emphatically pokes the plaintiff in the chest with his index finger to emphasize a point may be culpable for battery (although the damages award that results may well be nominal). A defendant who spits on a plaintiff, even though there is little chance that the spitting will cause any injury other than to the plaintiff's dignity, has committed a battery.
http://www.expertlaw.com/library/per...t_battery.html
Thanks, I always thought that was assault, not battery. I have a question, if you feel like answering it. If someone doesn't attack you, but batters you I guess, do you have the right to defend yourself? Like if someone grabs your arm, and you tell them to let go, and they don't, are you within your rights to strike him?

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Old
10-20-2010, 06:14 PM
  #345
me2
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Look at "Wisniewski suspended two games for obscene gesture". Now compare that to some of the dangerous and illegal play that barely gets a 2 game suspensions. It nothing to to do with whether an obscene gesture is worse than a blatant headshot, its not, it about image. One could argue the NHL has its priorities a bit messed up, but TV stations don't like that sort of thing, now blood on the ice - that's fantastic.

Really Rypien didn't do that much. He doesn't deserve much of a suspension based on his actually physical interactions with the fan, but he'll get 10+ games because its a bad look for players to touch fans and that the NHL want to stop they kind of stupidity before it happens: hence over the top punishments to let the players know its not acceptable.

Meanwhile Staubitz threw about 5 or 6 elbows in that fight and will get away without a mention.

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Old
10-20-2010, 06:14 PM
  #346
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Originally Posted by CloutierForVezina View Post
I really, really doubt he can claim $25,000 in injuries.

No medical bills. No lost wages. Just "pain and suffering", which he'll be lucky to pull a few thousand out of in my opinion.
This is an intentional tort not negligence so damages are awarded if the act of battery is proved.

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Old
10-20-2010, 06:16 PM
  #347
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I never knew we had so many lawyers on around this joint

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Old
10-20-2010, 06:17 PM
  #348
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Originally Posted by NathansPost View Post
Rypien sue the Wild for not having a railing big enough to hold him back? Maybe he'd have something if he was threatened and thought the fan was throwing something at him that could hit him but in this case I don't see it.

As for the fan suing the Wild, possibly, but the railing did its job. Again it could down to a fear of potential harm. If the guy thought Rypien actually had the ability to do some damage there might be something but really, he escaped physical harm so it's hard to see negligence.
Maybe he was feeling threatened by the fan's boistrous clapping and heckling? Maybe he said something to hurt Rypien's feelings? All in all it would be about the same amount of damage done by Rypien.

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Old
10-20-2010, 06:17 PM
  #349
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Originally Posted by Balls Mahoney View Post
Yeah, I'm an American. It's just in no fathomable way was that assault, at least in my mind. But I didn't do rails for several years in college and think I'm superior to everyone so I don't know how a lawyer would interpret it. I just think if this ****** was beaten as a child like his parents obviously should've done, he'd have a tangible concept of what an assault actually is.
Based upon the video it is pretty clearly a battery at civil law.

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Old
10-20-2010, 06:19 PM
  #350
CASUAL KEV
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And this is basically the root of a huge number of the world's problems today.
True, but not in this case. Ryp almost pulled the guy completely out of the stands just cause he was clapping. We're all Canucks fans here but if the situation was reversed and a Wild player did this to you at a Canucks game you're telling me you wouldn't sue him? I know I would.

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