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Message: [QUOTE="Foordy, post: 2790488, member: 1769"] [SIZE=6][B]Ex-NRL player turned lawyer backs Alex McKinnon’s case against Jordan McLean[/B][/SIZE] [IMG]http://pixel.tcog.cp1.news.com.au/track/component/article/5f5d643d9f99407a03606a1c8c86972f?esi=true&t_template=s3/chronicle-tg_tlc_storyheader/index&t_product=CourierMail&td_device=desktop[/IMG] MICHAEL CARAYANNIS, The Daily Telegraph December 20, 2016 9:00pm Subscriber only [IMG]http://pixel.tcog.cp1.news.com.au/track/component/article/5f5d643d9f99407a03606a1c8c86972f?esi=true&t_template=s3/chronicle-tg_tlc_storymeta/index&t_product=CourierMail&td_device=desktop[/IMG] A FORMER NRL player turned sports lawyer predicts Alex McKinnon will be successful in his claim against Jordan McLean but faces a tougher ask to defeat the NRL over the tackle which left him wheelchair bound in 2014. Tim Fuller, a lawyer with more than a decade of legal experience who played first grade for South Sydney and the Gold Coast in the 1990s, also called on the NRL to ban any sort of lifting in tackles. McKinnon has launched a lawsuit against the NRL and McLean, sending legal letters to instigate legal proceedings. Melbourne prop McLean is being personally sued for his role in the tackle. [B]GALLEN: [URL='http://www.couriermail.com.au/sport/nrl/alex-mckinnon-to-sue-the-nrl-paul-gallen-fears-more-players-will-follow-suit/news-story/93e9be3b8243064abd0026267ec36ba8']McKinnon suit ‘a can of worms’[/URL][/B] [B]MARATHON MEETING: [URL='http://www.couriermail.com.au/sport/nrl/john-grant-survives-as-arl-commission-chairman/news-story/8089e4898d24a3c5b7c9c52d00f279ca']Grant survives as ARLC Chairman[/URL][/B] “Historically claims against governing bodies for similar types of career ending injuries in sports such as rugby union have failed,” Fuller said. “Based on previous cases there is a higher likelihood of success against McLean than the governing body. If it is found that McLean was negligent in his actions it is likely that McKinnon’s claim will succeed. [IMG]http://cdn.newsapi.com.au/image/v1/f43d80d35cb393cffcb4f57efc2c823a?width=650[/IMG] NRL CEO Todd Greenberg and former rugby league player Alex McKinnon. Picture: Adam Taylor “If the matter proceeds to court, it will be for the court to decide whether the NRL breached their duty of care to the participants. That will be interesting and a bit harder to say. “It’s long been established that the governing body owes a duty of care to the players, that won’t be an issue. It will be interesting to see if the NRL contests the charge or not and whether they make any admissions of liability. When we draw comparisons with other sport claims — such as the NFL concussion class action — the issue of liability is central and any admission of liability and responsibility for what occurred. “It is entirely foreseeable that the NRL may decline to accept any form of responsibility in the McKinnon matter”. Fuller pointed to the NRL’s decision to publicly crackdown on lifting tackles following McKinnon’s injury as a significant development in the game. McLean was banned for seven games. Fuller also called on the NRL to ban lifting tackles or face possible further litigation, following their decisions to ban punching and shoulder chargers in recent years. “While the onus is on players’ to put in a safe position, we all know the only way you’ll get a broken neck in rugby league is being dumped on your neck,” Fuller said. “Accordingly, it is incumbent on the NRL to ban lifting. I’m not talking about a driving tackle, we’re talking about when an attacking player is standing there and another player comes in and starts to lift him. [IMG]http://cdn.newsapi.com.au/image/v1/0492b04524af3be0edfd4e33feb786bf?width=650[/IMG] Ex-NRL player turned lawyer backs Alex McKinnon’s case against Jordan McLean. “It’s a half-baked situation at the moment. Based on the McKinnon case the NRL will have to go a step further and ban lifting. Failure to do so will place the NRL at enormous risk if similar incidents were to occur in the future.” Fuller played down fears McKinnon’s legal action could prompt a floodgate effect. “No doubt players will consider legal options at times but you have generally have nothing to fear as a player if you play within the rules,” Fuller said. He considered the reported $10 million claim for McKinnon as entirely possible. [URL]http://www.couriermail.com.au/sport/nrl/teams/storm/exnrl-player-turned-lawyer-backs-alex-mckinnons-case-against-jordan-mclean/news-story/5f5d643d9f99407a03606a1c8c86972f[/URL] [/QUOTE]

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