Player Hurt in United Scrimmage in '03 Seeks Damages

Discussion in 'MLS: News & Analysis' started by JeremyEritrea, Feb 26, 2007.

  1. GersMan

    GersMan Member

    May 11, 2000
    Indianapolis
    Does the league suspending Stoichkov at the time work against its prospects of a successful defense? If by suspending him they are in effect saying this was above and beyond what should take place (you don't get suspended for fouling, for instance), will that be used against them if the case went to trial?

    Do you think other sports entities will be hoping or even try to actively discourage the defendants from settling? Seems like if they did, it sets a pretty dangerous precedent regarding sports-related injuries.

    Not an attorney here so please forgive me if I've got the law part all wrong - just asking.
     
  2. helmet

    helmet New Member

    Aug 8, 2000
    San Jose
    In California this is pretty much the state of the law. Did the defendant do anything to increase the normal risk associated with the sport. I remember thinking when I first read the articles on it that he in fact, did increase the risk. There were witnesses that said he basically went after the kid to stop play - intended to hurt him. That they stopped the game after the incident is also evidence of this. If I were the defense attorney for MLS, AEG (Stoichkov doesn't have to be the answerable defendant as his employers will be on the hook - they also could serve him in Bulgaria if they know their way around some of the treaties on international service) I'd be advising them that we should try for a motion for summary judgment, see if we get it kicked out on Assumption of the Risk, and if we don't mediate to a confidential settlement.

    It could be an interesting case. I'd imagine if it got that far they would hire experts to talk about his ability: was he a pro prospect? If so, what was his earning potential?

    Also, as a defense attorney I'd want Ipinch on my jury. Or at least I'd voir dire him to taint the rest of the jury pool with his/her "life is pain and suffering" theme. "Life is tough. Buy a helmet."
     
  3. helmet

    helmet New Member

    Aug 8, 2000
    San Jose
    It would potentially be evidence for a jury to consider at trial and/or a judge to consider at the motion stage as to whether his conduct was the kind that increased the risk. He got a red card for "violent conduct." The very conduct that is prohibited by the rules. I think he did increase the risk and this, the card, and the suspension of the game are all evidence of it.
     
  4. JohnR

    JohnR Member+

    Jun 23, 2000
    Chicago, IL
    Ray Hudson's comment can't help, either.

    "I'm sure [the tackle] is going to haunt him for a long, long time -- and certainly haunt our boys [who witnessed it] for a long while."

    Those are not the typical words of a coach who had a player commit a bad challenge and receive a red card. I mean, they might acknowledge the infraction, but they sure as heck don't talk about their rest of the team being shaken by the incident.
     
  5. wolfp10

    wolfp10 Member

    Sep 25, 2005
    What types of insurance are available to professional athletes, in this case MLS players, in the event of an injury?

    Several years ago, a player on the AHL's Hartford Wolfpack suffered a pretty serious injury to his face (I want to say it was an eye injury) and was out for almost an entire season. He came back and played about 10 games, and was showing potential, but ended up retiring due to a clause in his insurance payments.

    So, do MLS players have something like AFLAC?
     
  6. GIO17

    GIO17 Member

    Nov 29, 1998
    There is a difference between what happened with you & what happened to John Terry at Chelsea during the Carlin Cup Final against Arsenal. If this was a 50-50 challenge which it wasn't then people wouldn't be discussing it like this.

    The only reason the keeper slidetackled you was to get the ball & prevent you from getting another goal, not "I'm gonna take out the bastard" moment. He got more than he wanted to by accident, what Stoitchkov did was on purpose. All because the Ref didn't change the call & he wanted revenge for no reason during a friendly against a local DC/MD & or Va. regional university.

    This kid who did absolutly nothing to Stoitchkov but celebrate a goal by his school was taken out intentionally for absolutly nothing. Not only did he get the worst of it, but even with surgery continued playing on it and it got worse & worse when he couldn't do it anymore.

    So with your re-hab situation I hope you are feeling better and you can get back up and start running, walking, jogging & all the fun things you use to do before this terrible injury happens.

    But when it comes to this situation, your just a weekend warrior and assumes what happened to you is the same thing that happened to this kid, WRONG!
     
  7. helmet

    helmet New Member

    Aug 8, 2000
    San Jose
    I think that the MLSPU negotiated for disability insurance but don't quote me on it. Someone was just telling me that the NFL players have it but old timers who did not are suffering financially from their bodies accelerrated degeneration from years of football abuse. So I'm told
     
  8. helmet

    helmet New Member

    Aug 8, 2000
    San Jose
    I hadn't read those before. Very true.

    "For their first witness, Plaintiff calls Ray Hudson, your honor."
     
  9. Martininho

    Martininho Member+

    Feb 13, 2007
    Chicago
    Club:
    --other--
    Nat'l Team:
    United States
    Because I have no idea as to what's offered, I won't comment on coverage available through the league or individual teams.

    For college players - The NCAA was, in my day, required to pay 100% of medical costs to athletes, and that's almost certainly still the case. This was not without its catches. It also means 1) that the school can dictate who provides the services. If you have a good staff of trainers and doctors, great. If not, your private insurance may be a better bet. 2) If you're a scholarship athlete, you also put your scholarship at the mercy of the school's paid doc determining whether your injury is "career-ending", rather than an independent medical opinion.

    The NCAA apparently did (and perhaps still does) sponsor a program for future pro prospects to insure themselves against injury. The rationale is to provide the athlete incentive to return to school rather than going pro early. It was limited to seniors, and male athletes (the article was dated in 1998, so the WNBA wasn't factoring in at the time). The NCAA program allows an athlete to fund their own insurance through a bank loan until they sign a pro contract, at which time the team's protection takes over.
    For pros, it likely comes down to individual economics and risk management. Athletes with high earning potential (NFL 1st round draft picks, for example) are certain to be covered by their respective teams to protect the team's guaranteed money payouts. This is to protect the team's investment, however, not for the benefit of the individual player. The player also needs a policy to protect themselves beyond guaranteed contract money from the club.

    Further, many if not all of these policies have clauses that require payback if the athlete returns (or even attempts to return) to competition. This was a dilemmna faced by U of Miami running back Willis McGahee, who blew out his knee in the 2003 Fiesta Bowl. McGahee collected on a substantial policy, which he was required to refund when he chose to make a comeback (fortunately for him, the gamble paid off. He's now with the Buffalo Bills, and having a good career; a great one when you factor in the seriousness of the injury).

    While I presume(?) that MLS covers full medical for all players, a lower-paid athlete (most of MLS), may find that a personal policy that covers the risk of a career-ending injury is too limited in scope and expensive to be worthwhile.
     
  10. Northside Rovers

    Jan 28, 2000
    Austin TX
    Club:
    FC Dallas
    Nat'l Team:
    United States
    I remember seeing the video just after it happened - that link didn't work for me.

    It was bad tackle - reckless no doubt.

    But after reading the hyperbole about it I expected an executionary style tackle.

    It was rough - but did not seem to my layperson eyes as a deliberate attempt to injure with a willful disregard for the rules or the intent of the rules of the game.

    Should Stoichkov pay up - a decent rich human would give the kid some money.

    But I have seen worse tackles. Roy Keane on the guy from Man City comes to mind. In my view - this tackle was as reckless as Dema Kovalenko's on Ronnie O'Brien a few years ago - but with longer lasting consequences. Rough, late and proof positive the guy is an ass. But criminal - no.

    One non-juror's opinion.
     
  11. stinky

    stinky Member

    May 14, 2000
    Long Beach, NY
    the biggest problem is going to be to gather a jury that understands soccer.

    luckily for the defense team, who are used to nfl tackles, hockey fights, etc., one player sliding into another to get a ball won't look so bad.

    they'd have to know about studs up, intent, retaliation, etc.

    "he was mad because the goal shouldn't have counted? but it went into the net!"


    but seriously for the PI lawyers out there (i'm not in that area of law)...

    if hristo's conduct is deemed so reckless, wouldn't that remove the principal's (MLS) responsiblity for actions of their employee/agent (Hristo)?

    The other problem is i doubt this kid can argue away from the foreseeability of a studs up tackle. That's like saying you can't imagine a red card being issued in a game. They are likely in every game. Some cause injury, others don't.
     
  12. helmet

    helmet New Member

    Aug 8, 2000
    San Jose
    You are right in the first instance, generally speaking. If he acted intentionally or recklessly his employers probably would be off the hook. And P will have to show it to survive the AOR argument. P may try to show - and it's tough to conceive of how given Ray Hudson's comments - that MLS somehow sanctioned the conduct. That is unlikely.

    I don't agree with your second statement. Studs up tackles are generally reprehensible, known to cause injury, and not an assumed risk of the game - that's why they merit a red card.
     
  13. roadkit

    roadkit Greetings from the Fringe of Obscurity

    Jul 2, 2003
    Fornax Cluster
    Nat'l Team:
    United States
    I guess my only question is WTF has this guy been up to for the last 4 years? I thought he had his leg broken. Was he in a coma too?
     
  14. Bjorn Taroque

    Bjorn Taroque New Member

    Jan 18, 2006
    Louisville, KY
    That's the thing. If I were the defense attorney, I would show clip after clip after clip of players going in hard with their studs up and then ask the jury "does it really make sense that this player could not have foreseen this type of injury before stepping on the field?"

    I think that's what it comes down to. Malice is an necessary element, but not a sufficient one. If athletes were liable simply for acting out of malice, I think the NFL as we know it would cease to exist. The plaintiff will have to show not only that that the act was performed out of malice, but also that it was not foreseeable, and went outside the realm of what you generally can anticipate experiencing on the soccer field. There's no way the player wins that argument (at least from the way I understand what happened).

    The player is suing all four entities, assuming that they will be held jointly and severally liable for his damages. That means he can get the full amount from any one of the parties, and they would work out on their own who pays what.
     
  15. TxDynamo

    TxDynamo Member

    Feb 13, 2007
    Houston
    I feel for the guy.Only if its hard to walk as he say, or whatever. To me this sounds like he wants an easy paycheck thats all. There are hundreds of guys who get hurt playing sports. This is nothing different. There is ALWAYS a risk playing any kind of sports. This is like if Carson Palmer would have sued the guy who jacked up his knee on a late hit. Shit happens. or better yet Curtis Martin sueing the league (NFL) for the damage his knees took playing. Shit happens.

    Why last year? Why not the year it happned? Sure its within the statute of limitations, but why not sooner? Hes a begger and will probly get the money sadly.
     
  16. The Big Ticket

    The Big Ticket New Member

    Jan 30, 2004
    MN -> UIUC
    I don't think Stoichkov or MLS should be forced to pay a dime to Llerena. However, if Stoichkov had any class (which he doesn't, and I say this as a fellow Bulgarian) he should have, of his own free will, cut the guy a nice, generous check a long time ago. I know Hristo felt remorse for the tackle - he even cried about it after realizing the seriousness of the injury. I assumed that he would feel obliged to provide some financial assistance for the guy, and apparently he didn't.
     
  17. bsucio9

    bsucio9 Member

    Jul 24, 2003
    Twin Falls
    I know very little about this, but my guess is that his attorneys have been negotiating with HS's attorneys to try and settle this. Obviously, that was unsuccessful, so the kid (or his attorney, rather) filed the lawsuit to stay within the statute of limitations.

    If this was all about making a buck off the MLS, there would have been a much "louder" filing of the lawsuit. It's still not likely to go to court and will probably result in a settlement (whether that is big or small, really depends on the state of the law out there).
     
  18. jevanvoo

    jevanvoo Member

    Nov 27, 2006
    Manhattan
    Club:
    New York Red Bulls
    Nat'l Team:
    United States
    Most of the time Plaintiff's counsel will wait until close to the running of the statute of limitations in order to have a solid record of medical treatment. Not knowing which law governs this lawsuit (although Federal court, local procedural laws will govern) and not having read the complaint, there are, at least in NJ, only certain types of injuries that you can recover damages for in a personal injury suit. By having a solid medical treatment background, Plaintiff's counsel will be able to better determine if it's worth his time to file suit, since the majority of personal injury cases are done on a contingent fee basis, and if Plaintiff doesn't win, Plaintiff's counsel is out the money he put out, plus his time.
     
  19. I PINCH!

    I PINCH! Member

    Apr 3, 2006
    Chicago IL
    Club:
    Chicago Fire
    Nat'l Team:
    United States

    Umm thats what insurance is for! Man what the hell is it with everyone in this country feeling that you ought to get money when a mistake happens.


    Explains alot about the lack of character of our society as a whole. Bunch of sue happy money hungry folks out there. Sad sad world.

    Glad I grew up when I did, this current attitude of alot of you simply blows!
     
  20. I PINCH!

    I PINCH! Member

    Apr 3, 2006
    Chicago IL
    Club:
    Chicago Fire
    Nat'l Team:
    United States

    Ahhh Yes, gotta love the scheckel suckers.

    Whyd ont they just sue bigsoccer while they are at it and Dong Garber and the local grocery store owner and ESPN magazine and the stadium grounds keeper.

    This kids lawyers and and himself are complete scumbags for even allowing this to happen.
     
  21. I PINCH!

    I PINCH! Member

    Apr 3, 2006
    Chicago IL
    Club:
    Chicago Fire
    Nat'l Team:
    United States

    Ahhh Yes, gotta love the scheckel suckers.

    Why dont they just sue bigsoccer while they are at it and Dong Garber and the local grocery store owner and ESPN magazine and the stadium grounds keeper.

    This kids lawyers and and himself are complete scumbags for even allowing this to happen.
     
  22. GIO17

    GIO17 Member

    Nov 29, 1998
    An excellent account of the situation counselor. ;)
     
  23. TxDynamo

    TxDynamo Member

    Feb 13, 2007
    Houston
    Of course the guy is going file a suit. They are sueing people who have $$$$$$$$$$$$$$$$$$$$
     
  24. jevanvoo

    jevanvoo Member

    Nov 27, 2006
    Manhattan
    Club:
    New York Red Bulls
    Nat'l Team:
    United States
    ever heard of a little gem called "tort reform"?
     
  25. Martininho

    Martininho Member+

    Feb 13, 2007
    Chicago
    Club:
    --other--
    Nat'l Team:
    United States
    Yes. And....(hint that a Lachmann test may be in your immediate future...love and kisses, Roy...but by all means, proceed.)?
     

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