General Alex McKinnon may sue the NRL & The Melbourne Storm

[Stone]

Alex McKinnon is weighing up legal advice to sue the Melbourne Storm and the NRL following the tackle which left him in a wheelchair.

It was believed the 23-year-old has engaged a Sydney-based law firm to explore his rights after the tackle by the Storm's Jordan McLean ended his NRL career prematurely. It is understood the legal advice indicates that McKinnon has a strong potential case for taking action against the Storm and the NRL.

Despite the recommendation, McKinnon is reportedly hesitant to start action as he is mindful of the support he has received from the NRL and the wider rugby league community since the injury.

Link to full story: https://www.stuff.co.nz/sport/leagu...hs-advice-to-sue-nrl-over-careerending-injury


This is a very tricky subject imo, on the one hand, if I was in a work situation like that & received a similar injury, then I definitely would seriously consider the option of legal action against my former employer

On the other hand, Rugby League is a full contact sport & as anybody who has played the game knows there is always the potential for a serious injury to occur almost every time you run on to the pitch & at the professional level the game is extremely competitive with players & teams playing to the utmost limits of the governing laws, which increases the chances of serious injury even further imo

I personally can't really make up my mind one way or the other, while I definitely feel for McKinnon & his family & believe he definitely deserves some kind of monetary compensation for the incident, I also believe that this could set a relatively dangerous precedent (especially if McKinnon won his case) for the NRL & Rugby League in general that could potentially destroy our great game

The cynic in me also wonders how much of this is down to McKinnon's lawyers trying to persuade him to do this, as lawyers / law firms generally receive a fairly substantial percentage of the compensation package in cases like these & the number being reported is very substantial (AUS $10 Million)

In saying all that though, I still cannot personally make up my mind, so I'm firmly sitting on the fence for this one & would very much like to see what the community here makes of this very unfortunate situation for all concerned

 

[mrblonde]

He could sue Jordan McLean personally - Jarrod McCracken did that with Steven Kearney and Marcus Bai IIRC. Also, Gary Jack sued Ian Roberts for making him look like a wimp during a Manly/Tigers game once.

This means he gets compensation that he may well deserve and he puts the blame on the player, not the team or the NRL in general. So there's less possible public backlash.

If I was his legal advisor, if I was going to advocate him doing any suing, that's the road I'd be suggesting he take.

 

[Stone]

^Yeah I'm not sure about that, those incidents you refer to there both had pretty obvious blatant intent by the offending parties involved, whereas the McKinnon incident could be argued to be accidental, or at worst some lawyer could make an argument that McKinnon himself actually contributed to his own predicament by tucking his head down the way he did, apparently the Storm lawyer actually made a quite a compelling case for this when Jordan McLean was up in front of the NRL judiciary for "that tackle"

Another thing is that one of the reasons McKinnon may pursue this, is because of the ongoing medical costs he is going to incur for the rest of his life due to his injury, hence the reason $10 million is being bandied about & from my perspective he would have a much greater chance of getting that kind of money out of a large organisation, like the NRL and or The Melbourne Storm Rugby League Club, than he would an individual like McLean, who probably has nowhere near that amount of capital at his disposal anyway

I also strongly believe that McKinnon has to seriously consider the possible negative ramifications he may have to endure, should he proceed with legal action against the NRL and or the Storm or even worse if he does so & loses or doesn't get anywhere near the monetary compensation he is after

Like I said in my earlier post, It's a very tricky subject & I just really hope that young McKinnon is getting some sound advice from a party with his best interests at heart & isn't just being honey potted by some silver tongued lawyer / law firm

 

[gREVUS]

^Yeah I'm not sure about that, those incidents you refer to there both had pretty obvious blatant intent by the offending parties involved, whereas the McKinnon incident could be argued to be accidental, or at worst some lawyer could make an argument that McKinnon himself actually contributed to his own predicament by tucking his head down the way he did, apparently the Storm lawyer actually made a quite a compelling case for this when Jordan McLean was up in front of the NRL judiciary for "that tackle"

Another thing is that one of the reasons McKinnon may pursue this, is because of the ongoing medical costs he is going to incur for the rest of his life due to his injury, hence the reason $10 million is being bandied about & from my perspective he would have a much greater chance of getting that kind of money out of a large organisation, like the NRL or The Melbourne Storm Rugby League Club, than he would an individual like McLean, who probably has nowhere near that amount of capital at his disposal anyway

I also strongly believe that McKinnon has to seriously consider the possible negative ramifications he may have to endure, should he proceed with legal action against the NRL and or the Storm or even worse if he does so & loses or doesn't get anywhere near the monetary compensation he is after

Like I said in my earlier post, It's a very tricky subject & I just really hope that young McKinnon is getting some sound advice from a party with his best interests at heart & isn't just being honey potted by some silver tongued lawyer / law firm

I think there is also the insurance angle involved here. In Aus, the insurance may be forced to pay out forever on him (depends on his contract with them) and they may be considering taking the NRL and players to court to recover costs. This is quite common and will be weighed up against the negative publicity for the company. But if they do they act as his agents and therefore he is taking whoever to court. I know that he has said he does not want to sue anyone, but may be given no choice.

edit i voted no, but he may not have a choice in the matter.

 

[Stone]

interesting ... thanks gREVUS ... I hope it all works out for Mckinnon no matter which way it goes ... the kid's already had more than enough grief in his relatively young life

 

[Marshthedarsh]

Was discussed on NRL 360 a week or two ago and Paul Kent put it very nicely.

It's gonna cost so much for Alex for the rest of his life - so he's just exploring his options. He's just seeing what things he can possibly do to cover his expenses. The NRL have given him a job for life, so basically the second he sues them that offer is gone.

I really couldn't say myself as I don't know where he's at currently, but certainly needs to have a chat with the Players Association, and as above hope it's not lawyers smelling a payday.

 

[Tonbridge (Swanley)]

I've seen the tackle a few times and he has actually put himself in a bad position....I don't think the case would succeed.

Plus, wouldn't there be some sort of Insurance cover that would be triggered?

 

[Wellington Warrior]

Looks like this subject has come up again..

Paralysed rugby league player Alex McKinnon suing NRL and tackler who caused injury
Alex McKinnon (Getty file)
Paralysed former Newcastle Knights player Alex McKinnon has launched a multi-million dollar lawsuit against the NRL and the Melbourne Storm player who caused his life-changing injury.

Reports in Australia claim a letter from McKinnon's lawyers arrived at the NRL's headquarters last week, while the Storm have been made aware of an individual action against Jordan McLean.

After suffering the injury in 2014, Rise for Alex fundraisers raised more than 1.5 million dollars and the Knights ultimately paid out his $AU750,000 ($NZ786,185) contract.

The 24-year-old remains on the NRL's payroll, working in player recruitment for his former club.

The legal move is set to be a landmark case in regards to player injuries and compensation - rival footballers have previously been sued, but never before a head body.

Newshub.

 

[Blain]

Man this story has thorns all over it.. An accident in a highly dangerous sport, causing life altering effects. Helped out big time by the NRL and league community, bought a house for him, $1.5 million raised (?) and a given a job for life. Several years later, sues not only only the NRL, but the player involved in the tackle. Seems pretty ruthless.

But then again, he's never going to walk again, no money will make up for that.

I feel sorry for Jordan Mclean. Doesn't deserve this, could happen to anyone. After years trying to move on and put it behind you, to have a lawsuit put against you would be bloody awful. Mckinnon's action in the tackle will have to be brought up in his defense.

What a terribly sad situation.

 

[eudebrito]

I don't agree with suing McLean, especially as there were 2 others in the tackle and all 4 of them had some sort of influence in the outcome.

But the NRL have done nothing about dangerous tackles since his incident, they don't happen often, but every origin at least one player gets dropped on their head.

No one is ever sent off, union red cards people for running into the high ball takers now.

Suspensions are basically nothing unless your constantly doing it like greg bird, graded much less than half of a shoulder charge.

 

[kabkram]

Not without presidence McCracken successfully sued the Melbourne Storm and the two players involved for general damages, totalling $90,000 plus interest for his career ending injury, a mere pittance to what McKinnon will be searching for but it has happened before.
The whole thing still feels wrong to me though, the NRL, coaches, players don't want to be crippling other players but accidents will happen I imagine thats why there's that thing called insurance. The other thing is it can happen in a nanosecond, and you have four participants who if anyone of them had done something minutely different there would have been a different result.

 

[bruce]

Not without presidence McCracken successfully sued the Melbourne Storm and the two players involved for general damages, totalling $90,000 plus interest for his career ending injury, a mere pittance to what McKinnon will be searching for but it has happened before.
The whole thing still feels wrong to me though, the NRL, coaches, players don't want to be crippling other players but accidents will happen I imagine thats why there's that thing called insurance. The other thing is it can happen in a nanosecond, and you have four participants who if anyone of them had done something minutely different there would have been a different result.

Funny it was the Storm again, actually it was our own SK that made the tackle. The insurance companies will cover the clubs, the NRL and McLean but if this keeps happening you can expect wrestling coaches to come under scrutiny.

 

[eric]

https://www.google.com.au/amp/s/amp...ght-to-sue-20161219-gte359.html?client=safari

Good write up here by Fitzsimons. Totally agree.

So many disgraceful comments floating around regarding McKinnon. It's sad for all involved but to attack the guy, man that's low.

If he's legally allowed to sue more parties - then go for it I say. Get as much as you can out of the situation.

Also I'm pretty sure that 'job for life' thing is all bogus. People keep mentioning it, but I don't think anything has happened. Anyway even if it's real, it's a sympathy job. I'd laugh at their sympathy job offer and continue going through the courts.

 

[Chchwarrior]

Don't tuck your head and you don't break your neck. He thought they were going to flip him over, so he tried to go with it. He mad a bad decision. No intent whatsoever on the defenders. An accident with tragic circumstances. I feel for the kid but trying to sue McLean is wrong.

 

[bruce]

https://www.google.com.au/amp/s/amp...ght-to-sue-20161219-gte359.html?client=safari

Good write up here by Fitzsimons. Totally agree.

So many disgraceful comments floating around regarding McKinnon. It's sad for all involved but to attack the guy, man that's low.

If he's legally allowed to sue more parties - then go for it I say. Get as much as you can out of the situation.

Also I'm pretty sure that 'job for life' thing is all bogus. People keep mentioning it, but I don't think anything has happened. Anyway even if it's real, it's a sympathy job. I'd laugh at their sympathy job offer and continue going through the courts.

Fitzsimons has been on about sporting injuries for some time. He believes, with some support, that the even the NFL might fold under the weight of future claims for concussion.

League players agree to be assaulted by playing the game within the rules. The rules do not allow lifting tackles, so he was injured outside of the rules. I cannot say how the courts might see it but the tackle was outside the rules, that he dipped his head might be seen as a contributing factor. It might not get to Court, the insurance companies might make an offer to settle, and if that is enough to satisfy Alex that might be the end of it. If it does go to Court it will be very sad because it will cost Alex money for the lawyers.

IMO the NRL needs to look at wrestling coaches. They are a blight on the game. If they don't the insurance companies will sooner or later.

 

[bruce]

Don't tuck your head and you don't break your neck. He thought they were going to flip him over, so he tried to go with it. He mad a bad decision. No intent whatsoever on the defenders. An accident with tragic circumstances. I feel for the kid but trying to sue McLean is wrong.

I don't think they intended to flip him either, but they did, and it is happening more often with these wrestling type tackling techniques. Is it a coincidence that the Storm have been involved in the last two lifting tackle court cases?...or not. I hope the Storm have insurance for McLean, they should have.

 

[Tim burgess]

In a situation like this there is no winners. I feel sorry for Alex Mckinnon. Who would have thought playing a game he loves would result him been unable to walk. Its a terrible accident which will requires significant rehabilitation costs.

Hopefully an amicable can be reached between the NRL and Melbourne insurance companies, if not it could get ugly and force both parites re-live a terrible moment which was a pure accident.

A ruling in favour for Alex could have significant repercussions throughout the game. How could Bushy footy clubs afford insurance for such claims.

Inital thoughts are the rugby league and suporters have backed Alex financially. I also understand Newcastle paid his $700k 2 year contract plus a job for life funded by NRL. Courts might consider this to be significant efforts to support him.

The question is by suing the game is it for rehabilitation costs? If so how much does he need is $5m enough?? I rwad this morning via fundraising, insurance money and contract payouts he has had close to $3m (has a newly equipped house) plus ongoing job for life plus medicare support.

Interesting times ahead. Hopefully Alex can make a full return to health etc...i keep on hoping so.

 

[Chchwarrior]

I don't think they intended to flip him either, but they did, and it is happening more often with these wrestling type tackling techniques. Is it a coincidence that the Storm have been involved in the last two lifting tackle court cases?...or not. I hope the Storm have insurance for McLean, they should have.

They didn't flip him and I think that was the main problem. He thought he was going over but unfortunately he wasn't. I think if they had fully flipped him he would have been fine as he was tucking ready to roll into it. I wonder if deep down he realises he was a contributing factor. I really feel for Jordan McLean though. He was made a scapegoat. The Bromwich boys were both in the tackle as well. It was just a terrible terrible accident. I can just see his lawyers encouraging him to sue. They would make a killing.

 

[mt.wellington]

I still believe he intentionally tried to milk a penalty...

 

[Tonbridge (Swanley)]

I still believe he intentionally tried to milk a penalty...

And he was the actual cause of the injury by tucking his head in.....He has been very very unlucky.