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Old 04-20-2017, 11:17 PM   #181
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What could the Flames have done differently to prevent the incident...cancel the game?
You should stop posting until you understand that when multiple companies are involved multiple companies can be liable.
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Old 04-20-2017, 11:28 PM   #182
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Apparently in your world being _________ is A-OK.

I never said these things are acceptable just because they're apart of the game. Does spearing happen? Yes, probably once or twice a season. Drasaitl just took a ####ing weapon to another man's balls, and him and his victim are going to play against each other two damn days later.

Ask any hockey player if they think they can be speared on any given game. Why does spearing continue to happen if it's not acceptable? I mean to suggest it SHOULD NEVER happen ever, then why does it happen once in a while?

Let's take a more serious situation as an example. Do roofers fall to their death? Yes, all the time. So what, do you think roofers tell themselves "Duh.... I didn't know I could fall off a roof. Gulp?". Do they continue to climb up that roof everyday? Does that mean I believe and support these roofer's should fall to their deaths? Christ no! Do I think it's unacceptable?! Yes, no roofer should die on the job, ever.

But let me tell you something -- and I'm sure many can attest to this -- you will not believe how many god awfully stupid people out there climb on roofs without even the slightest consideration for their own well-being. And the company, who gives them harnesses and tells them they could be fired if they're not tied off, gets charged and fined and pays an increase in WCB premiums when that roofer falls.

I'm sorry but Henderson knew he could get hit and have back problems and could experience a retirement in pain and misery. He knew that before Wideman and not that it's acceptable that these things happen, but yes, it is a part of the game.

I wish it didn't happen, but I mean the guy isnt exactly doing that bad. He knew it could happen. He makes a decent living doing it. He comes to work even after several close calls and injuries and even spinal SURGERY. And even after all that it happens again and he's going to make millions in a lawsuit from the occupational hazards.

And so I'm unreasonable because I'm asking why he's even on the ice, instead of doing his job safer? I can't ask why he's not wearing protective equipment? I'm sorry, but if I'm a roofer and I know I can fall, id at least be wearing a harness.
this is where you and I fundamentally disagree:

Deliberately cross checking a defenseless official, away from the puck, is NOT part of the game!

your driving example:

yes, driving is inherently dangerous
people take precautions, regular maintenance checks, wearing seat belts etc

but they still drive as that's how they get to work

So, you are driving along macleod, guy making a left, turning directly in front of you...big accident happens... you have medical issues as a result... other driver is charged with an unsafe turn and is at fault...

Now you're saying that the you should accept that, because that potentially can happen anytime, any where? And that you wouldn't seek damages?

really?
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Old 04-20-2017, 11:29 PM   #183
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Have to say I'm pretty soured on officials, refs, and people who oversee the games in general after this season.

The team is all class, and they've been undeservingly dragged through the mud ever since that game, not to mention they've been suspiciously shortchanged on every important call this season where these personnel have been involved. Aside from a sum of compensation, not 10 million though, I think they've paid their due and more for actions that clearly weren't condoned by them in the first place.
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Old 04-20-2017, 11:42 PM   #184
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Have to say I'm pretty soured on officials, refs, and people who oversee the games in general after this season.

The team is all class, and they've been undeservingly dragged through the mud ever since that game, not to mention they've been suspiciously shortchanged on every important call this season where these personnel have been involved. Aside from a sum of compensation, not 10 million though, I think they've paid their due and more for actions that clearly weren't condoned by them in the first place.
i hate the NHL refs and central command... they've screwed us over on tons of calls this year and that bias was magnified in the playoffs.

Absolutely admit, that i am wearing the tinfoil hat with respect to the #WidemanEffect
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Old 04-21-2017, 12:00 AM   #185
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You should stop posting until you understand that when multiple companies are involved multiple companies can be liable.
I am talking about reality...not the ####ed up legal system

because they can doesn't mean they should
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Old 04-21-2017, 12:19 AM   #186
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Meh. Now that Betman and the other greasy execs in the league don't seem to be involved, I don't mind Henderson going after Wideman, it was really inevitable. Not a fan of him naming the Flames though,that part comes off like the advice of an ambulance chaser type lawyer.

I will give him props for not starting this until the Flames' season was done.
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Old 04-21-2017, 12:26 AM   #187
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In Canada, employers are vicariously liable for the actions of their employees (if conducted during the course of that employment). That's why Wideman and the Flames are named.
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Old 04-21-2017, 01:14 AM   #188
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Yay, another season of the Flames being one of the most penalized teams in the NHL to look forward to
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Old 04-21-2017, 05:59 AM   #189
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Paul Stewart was advocating the "go for the throat, their wallets" approach in January
http://www.hockeybuzz.com/blog/Paul-...8230/196/82003
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Old 04-21-2017, 06:35 AM   #190
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As far as "future earnings" go. It's not just working as a linesman that Comes into factor. He could have had a job lined up making big bucks for 25 more years and now he is unable to do it.

I don't know anything about the specifics of the case, so not advocating one way or the other, but the people saying he was retiring from being a linesman, it doesn't mean he was done working.
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Old 04-21-2017, 06:48 AM   #191
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I deal with lawsuits a bit at work, you always start with a super high number and work your way down. The final number he gets won't be near that.
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Old 04-21-2017, 09:22 AM   #192
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In Canada, employers are vicariously liable for the actions of their employees (if conducted during the course of that employment). That's why Wideman and the Flames are named.
I suspect that the relationship between a hockey club and a player is not an employment relationship, but a contractual one. (I haven't run across too many companies that are allowed to trade employees.)

Whether vicarious liability applies in this circumstance is a debatable point, if indeed the relationship is contractual.
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Old 04-21-2017, 09:24 AM   #193
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This is tough for me ... so many twists and turns in the story line.

Did Wideman seek out Henderson to wreck his career?

No way in my mind, he's hurt and looking for the bench. I think the last second skate direction change almost shows he's startled by the linesman being there.

Does that mean he was innocent?

No because when he does see he's in his way, he's annoyed and shoves him.

So no intent, but his reaction was terrible.

Then you have the whole was concussed defense which makes the Flames look really bad. Did they make that up to support him? Or did they let him play knowing he was concussed?

The NHL will be all over the Flames not knowing as they don't want to add to their ongoing concussion law suite issues.

Messy.

Another angle is that Henderson in the way of the Canucks' player in the preseason last year. Is this a linesman with a history of getting in player's way on the ice?
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Old 04-21-2017, 09:50 AM   #194
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As far as "future earnings" go. It's not just working as a linesman that Comes into factor. He could have had a job lined up making big bucks for 25 more years and now he is unable to do it.

I don't know anything about the specifics of the case, so not advocating one way or the other, but the people saying he was retiring from being a linesman, it doesn't mean he was done working.
But he has 15 years left so even 200k per year is only 3 million. He is basically saying he had a job that would pay him 600k a year that he can't have.

If he is truly unable to work in whatever field he was planning to go into than a settlement in that 2-3 million range makes sense. To me it should be paid out by the NHL/Workers Comp who failed to provide safe working conditions for the linesman.

For Wideman, I think he was concussed, was surprised by the linesman where he was and reacted as if he was under threat. I see no intent or at least not enough evidence of intent to hold him liable.

So the NHL failed to protect Wideman from a concussion which in turn led to the incident.
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Old 04-21-2017, 09:54 AM   #195
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Another angle is that Henderson in the way of the Canucks' player in the preseason last year. Is this a linesman with a history of getting in player's way on the ice?
http://scoutingtherefs.com/2015/09/9...don-henderson/


Yeah that hit looks worse IMO.
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Old 04-21-2017, 09:57 AM   #196
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Honestly, Iggy. I can't tell if you are asking that question because you are legitimately confused or if you are just trolling and trying to stir up crap by bringing Ken King into the topic.



I know, and that's horsecrap. Unless, of course, the AB government names itself a plaintiff in every single such lawsuit. I can't think of any legitimate reason why the government has any part of this.
Its a legal requirement for the Plaintiff to claim damages on behalf of the Crown for medical expenses associated with a bodily injury claim. See:
Crown’s Right of Recovery Act, SA 2009, c.C-35
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Old 04-21-2017, 09:58 AM   #197
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Do officials have any sort of insurance for this type of thing?
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Old 04-21-2017, 10:00 AM   #198
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The case should be tossed out and Henderson should be banned from ever coaching again. This case is a joke, nothing more
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Old 04-21-2017, 10:01 AM   #199
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This thread is a black mark on this website good lord.
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Old 04-21-2017, 10:19 AM   #200
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The case should be tossed out and Henderson should be banned from ever coaching again. This case is a joke, nothing more
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