News Zantuck given green light to pursue damages

[tugga]

Source ABC News

Former AFL player Ty Zantuck will be able to pursue his claim for damages against the Richmond Football Club after a Supreme Court justice granted his application for an extension of time.

Key points:​

• Ty Zantuck wants damages from Richmond for the management of on-field concussions he suffered
• Zantuck also wants to sue Richmond over the management of his chronic back injury
• A Supreme Court justice found the delay in Zantuck lodging the claim understandable and reasonable

Ty Zantuck was diagnosed with suspected chronic traumatic encephalopathy — a fatal brain disease — in late 2021.

He wants damages from Richmond for the management of on-field concussions suffered while playing for the club between 2000 and 2004.

Zantuck also wants to sue Richmond over the management of his chronic back injury that left him in constant, severe pain.

There is a time limit for people to lodge personal injury claims, often no more than six years after the injury happened.

However, after an application from Zantuck's lawyers, Associate Justice Mary-Jane Ierodiaconou on Tuesday ruled that the former AFL player would be given an extension of time to pursue his damages claims.

She found that, while the claims were made "significantly out of time", the reason for the delay was understandable and reasonable.

The court was told Zantuck made attempts in 2006 and 2012 to lodge a claim for his back injury but was advised by lawyers that it would be a waste of time.

Zantuck was only diagnosed with his acquired brain injury in late 2021.

The Richmond Football Club will be given an opportunity to appeal the ruling.

 

[tigs2010]

Associate Justice Mary-Jane Ierodiaconou playing her grand final smasha ##

 

[Mr Magic]

Ty never worked for RFC did he?

Is it not all under AFL HQ?

Which other clubs is Ty suing and is he suing himself given he has more ability to control his actions than anyone else?

 

[Muddiemoose]

Source ABC News

Former AFL player Ty Zantuck will be able to pursue his claim for damages against the Richmond Football Club after a Supreme Court justice granted his application for an extension of time.

Key points:​

• Ty Zantuck wants damages from Richmond for the management of on-field concussions he suffered
• Zantuck also wants to sue Richmond over the management of his chronic back injury
• A Supreme Court justice found the delay in Zantuck lodging the claim understandable and reasonable

Ty Zantuck was diagnosed with suspected chronic traumatic encephalopathy — a fatal brain disease — in late 2021.

He wants damages from Richmond for the management of on-field concussions suffered while playing for the club between 2000 and 2004.

Zantuck also wants to sue Richmond over the management of his chronic back injury that left him in constant, severe pain.

There is a time limit for people to lodge personal injury claims, often no more than six years after the injury happened.

However, after an application from Zantuck's lawyers, Associate Justice Mary-Jane Ierodiaconou on Tuesday ruled that the former AFL player would be given an extension of time to pursue his damages claims.

She found that, while the claims were made "significantly out of time", the reason for the delay was understandable and reasonable.

The court was told Zantuck made attempts in 2006 and 2012 to lodge a claim for his back injury but was advised by lawyers that it would be a waste of time.

Zantuck was only diagnosed with his acquired brain injury in late 2021.

The Richmond Football Club will be given an opportunity to appeal the ruling.

Why is trying again if he has already been told twice

“The court was told Zantuck made attempts in 2006 and 2012 to lodge a claim for his back injury but was advised by lawyers that it would be a waste of time.”

The campaigner went on to play for Essendon after us and a lot of local footy after his time with us, no doubt for some handy paper bag deals for clubs looking for afl talent but it didn’t seem to bother him at that point

He’s looking for an easy cash grab and that’s it

 

[Lord of the Wings]

What a shame Greg Miller went the wrong way at AFL house and didn't get the trade paperwork submitted in time

 

[Mr Magic]

Why is trying again if he has already been told twice

“The court was told Zantuck made attempts in 2006 and 2012 to lodge a claim for his back injury but was advised by lawyers that it would be a waste of time.”

The campaigner went on to play for Essendon after us and a lot of local footy after his time with us, no doubt for some handy paper bag deals for clubs looking for afl talent but it didn’t seem to bother him at that point

He’s looking for an easy cash grab and that’s it

So why is he not suing the other clubs?

 

[Muddiemoose]

So why is he not suing the other clubs?

That’s why I’m so sceptical of his claims, he’s going after us because we have the most money and currently the highest profile

We gave him a chronic injury, yet plays for another club at afl level and plays local footy afterwards for a number of years… please.
If he had a chronic injury it was his decision to continue to play high level football that has made whatever he has worse

 

[Mr Magic]

That’s why I’m so sceptical of his claims, he’s going after us because we have the most money and currently the highest profile

We gave him a chronic injury, yet plays for another club at afl level and plays local footy afterwards for a number of years… please.
If he had a chronic injury it was his decision to continue to play high level football that has made whatever he has worse

The other thing is I assume whatever was done was standard at the time, Doctor related. Why is Ty not suing the AFL or the Doctor or all the clubs??

The other thing is presumably RFC was complying with AFL HQ at the time so is AFL HQ negligent if any?

The other thing is where is the link between damage and time at RFC?

 

[Muddiemoose]

The other thing is I assume whatever was done was standard at the time, Doctor related. Why is Ty not suing the AFL or the Doctor or all the clubs??

The other thing is presumably RFC was complying with AFL HQ at the time so is AFL HQ negligent if any?

The other thing is where is the link between damage and time at RFC?

Yup, he was advised it was a waste of time in 2006 and 2012, any decent lawyer would be saying the same now
Probably trying to sell his story for another round of quick cash from newscorp

 

[daird]

If he hadn't gone on to play footy at various levels for at least another 10 years then I would be understanding.

But how can he prove all of his issues now are due to what was going on in the short period of time he was at Richmond? Could've also happened at Essendon, or any of the numerous lower level clubs he played for. Even if it all originated at RFC, continuing to play for so long would've made it worse and brought him to where he is now.

 

[Area51]

I imagine we will issue proceedings to join Essendon, the local clubs, the AFL and the doctors and their professional indemnity insurers to share in the defence and its costs including any damages that may be payable.

 

[RJK Tiger]

The club likely deseves to be sued technically - but its hard to fathom as i dare say we 100% were compliant to the AFL's standards - but the issue is the AFL lacked the standards required based on todays data.

The stuff regarding his back is interesting, because he continued his career afterwards, & surely Essendon would have done a medical on him prior to that. Its hard to believe they would have taken a flyer on a player with obvious chronic back injuries, who had proven to be fairly mediocre in his career up to that point.

The brain stuff is a different story - but if the AFL is allowing clubs to be sued over this while adhering to the medical standards they set, then thats ****ed up. Every club could be sued, including suburban

 

[Mr Magic]

The club likely deseves to be sued technically - but its hard to fathom as i dare say we 100% were compliant to the AFL's standards - but the issue is the AFL lacked the standards required based on todays data.

The stuff regarding his back is interesting, because he continued his career afterwards, & surely Essendon would have done a medical on him prior to that. Its hard to believe they would have taken a flyer on a player with obvious chronic back injuries, who had proven to be fairly mediocre in his career up to that point.

The brain stuff is a different story - but if the AFL is allowing clubs to be sued over this while adhering to the medical standards they set, then thats *ed up. Every club could be sued, including suburban

But the players work for AFL HQ don't they? So its hard to sue RFC if Ty never worked for them.

AFL HQ hold the license do they not? So effectively Ty worked for AFL HQ did he not?

RFC is hardly autonomous from AFL HQ the way they are legally set up are they? So effectively AFL HQ are in control.

I mean, RFC can't have its own revenue base, digital feeds etc.. like the EPL clubs. This is to prevent private ownership isn't it?
What I found interesting is apparently GWS has a coterie group called M7 of American based investors trying to get a premiership for GWS

 

[tigs2010]

Must admit I hated this bloke when he played for us.

 

[acr2751]

The club likely deseves to be sued technically - but its hard to fathom as i dare say we 100% were compliant to the AFL's standards - but the issue is the AFL lacked the standards required based on todays data.

The stuff regarding his back is interesting, because he continued his career afterwards, & surely Essendon would have done a medical on him prior to that. Its hard to believe they would have taken a flyer on a player with obvious chronic back injuries, who had proven to be fairly mediocre in his career up to that point.

The brain stuff is a different story - but if the AFL is allowing clubs to be sued over this while adhering to the medical standards they set, then thats *ed up. Every club could be sued, including suburban

yes the instant end of local footy

 

[Groupie_]

zantuck playing his grand final against us

 

[Mr Magic]

Must admit I hated this bloke when he played for us.

He was a tosser at the time was he not? His old man was a member wasn't he?

 

[A Tiger 4 lyf]

How much $$$ could this cost the club?


Sent from my iPhone using BigFooty.com

 

[Tiger_Of_Old]

Banging my head against the wall the past 2 weeks.
I might also have claims.

 

[Mr Magic]

It was Ty's choice not to wear a helmet.

Narkle at the Saints has a helmet decades ago

 

[theyellowsash]

If the club negligently handled his injuries, then he's entitled to sue. Undoubtedly both sides will bring in medical professionals better qualified than any of us here to argue the point.

If a labourer is sent out to work with a bad back that the boss knows about and hurts himself, the boss will have to face up to worksafe. Dont see why this is or should be any different just cause its a sport.

 

[Dr Tigris]

Banging my head against the wall the past 2 weeks.
I might also have claims.

1) Only 2 weeks?

2) You aren't a paid employee of the club - or are you??

3) Who thinks of the poor wall? It's probably got a permanent dent in it now.

 

[Bojangles17]

Am not surprised , I’m no lawyer however I’d suggest there’s going to be a settlement with the clubs public liability insurers at some point

 

[DickieKnee]

But how can he prove all of his issues now are due to what was going on in the short period of time he was at Richmond

I guess the back injury if it occurred at Richmond might be able to be proved, but then again how is it the club's fault? Players know the risk of injury before they play the game. The brain injury would be impossible to pin on Richmond if he has had head knocks at other clubs, I'd imagine it would be because of numerous head knocks not just one.

 

[Muddiemoose]

The club would of made the decisions based on the advice of the club doctors, who who are yes employees of the club but also qualified doctors, only way that he could prove negligence is if he could prove the club doctors were not operating under what would of been best standard practice at the time

Given the number of players that have been through the same club doctors and he is the only one with a complaint I can’t imagine him having a genuine case for them not operating under best practices