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Old 04-20-2017, 09:11 PM   #161
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I have zero sympathy for Wideman. This was entirely a gong show of his own making.

It's not a question of responsibility. That's a given. It's just a question of the appropriate quantum of damages.

And in life you don't get what's fair. You get what you negotiate. And $10 million is a pretty reasonable opening position. Henderson obviously isn't going to get that at the end of the day.

Here's hoping Henderson has a full recovery and resumes his career.
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Old 04-20-2017, 09:26 PM   #162
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I know for a fact him and Wideman shared a laugh about it 5 mins after it happened. I was less than 10 feet away from them.
Uh, more info, please...
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Old 04-20-2017, 09:29 PM   #163
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How long would it take for a linesman to make say 1 million?
about 4 to 10 years.
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Old 04-20-2017, 09:36 PM   #164
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According to scoutingtherefs.com:

NHL Referee and Linesmen Salaries
Based on the data below, adjusted for inflation from the time reported, estimated NHL officials’ annual salaries as of 2013-14 as:

NHL Referees: $165k – $360k+
NHL Linesmen: $110k – $235k+
So let's say he was making the max for a linesman, he would have had to work another 42 years to make $10,000,000. Yeah I don't think he lost 10 million in income.

And how could that hit possibly create all those injuies. Seems like he is just looking for a payday.
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Old 04-20-2017, 09:42 PM   #165
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Old 04-20-2017, 09:44 PM   #166
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Uh, more info, please...
In the end it doesn't really matter. He finished the game, so obviously the issues hadn't yet presented themselves in that moment. If I'm in a car accident and get out to chat with the other driver, even in a jovial manner, it doesn't mean the next day or week I'm not going to be laid up in pain.
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Old 04-20-2017, 09:47 PM   #167
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Uh, more info, please...
I was sitting behind the penalty box that night...during a TV timeout Wideman came over to apologize, they were both smiling and laughing

Now could he have felt the injuries later, sure...just what I saw with my own eyes. A big reason I have doubt about the laundry list of injuries.
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Old 04-20-2017, 10:00 PM   #168
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i wonder how many layers of bandages Don Henderson's lawyers will wrap him up in
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Old 04-20-2017, 10:43 PM   #169
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Show us your stuff big guy, I'm ready to read an informed lawyer's perspective on this case.

For example, do you think liability insurance covers the training staff? Would they have to carry their own insurance?
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Any useful info with the humble brag?
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Is a migraine headache from these comments preventing you from elaborating on your comment? Why come out and say that only to crawl back into your shell?
Alright, so my first reply was a bit dickish, and I'll apologize for that. I've seen far too many "derp derp, his lawyers are probably just manufacturing/exaggerating his symptoms" or "who cares, his lawyers will get all the $ anyway" type comments. Anyway, so for some substantive information for some common questions:

So first, the Queen in Right for the Province of Alberta as a Plaintiff to the action. MBates' answer in this post answers the question better than I ever could. Alberta Health is seeking to recoup any costs it spent on Mr. Henderson's treatment relating to the incident from the alleged tortfeasors, in this case, Dennis Wideman and the Flames.

Second, the wage loss claim. The Statement of Claim MUST claim a specific quantum of damages (ARC Rule 13.6(2)). The amount claimed isn't necessarily indicative of what they are ACTUALLY claiming. There were multiple reports indicating Mr. Henderson was retiring at the end of the season, and his post-retirement plans are not known, to my knowledge. But if he had a significant deal in place to run a refereeing school, or had a book deal or a flower stand or something from which he could or would have earned a substantial sum, it's definitely possible that his claim for lost wages could be significant. If he just intended to retire and ride off into the sunset, drinking margaritas for the rest of his life, it's unlikely this claim would go anywhere.

Third, the general damages claim, also known as pain and suffering. He claims general damages of $200k. Now, in my experience, damages in this range are reserved for extremely severe and long lasting injuries. I don't know what Mr. Henderson's injuries are, or the extent of same, so I can't comment on those. However, there is a cap on general damages that is roughly 365k in 2017 dollars ($100k in 1978 dollars, inflated) That is reserved for the most catastrophic of catastrophic injuries. We're talking multiple lost limbs, severe brain damage, and the like. I would be very surprised if the general damages claim got anywhere close to that amount, from what little I know of his injuries. Nobody but him and his doctors know the true extent of his injuries, or their long term effects, but I would be very surprised if Mr. Henderson got anywhere in the range of $200k for general damages.

The purpose of a Statement of Claim is to outline what happened giving rise to the claim, what injuries were sustained, and what relief you seek from the courts. In most cases, the SoC is filed relatively early in the process, before an individual's injuries have fully crystallized, so it's best to claim the world, and narrow it down later on. In a nutshell, throw everything at the wall, and see what sticks.

I hope this clarifies the process for some people. Sorry again for the snark.

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Old 04-20-2017, 10:45 PM   #170
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Quote:
Originally Posted by Meers View Post
I have zero sympathy for Wideman. This was entirely a gong show of his own making.

It's not a question of responsibility. That's a given. It's just a question of the appropriate quantum of damages.

And in life you don't get what's fair. You get what you negotiate. And $10 million is a pretty reasonable opening position. Henderson obviously isn't going to get that at the end of the day.

Here's hoping Henderson has a full recovery and resumes his career.
Wideman just got smoked into the glass and you can see his head bounce. What he did after that is very unusual - you may just think that the impact to the head affected his judgement after.

So I would say that it is 'not a given'.
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Old 04-20-2017, 10:45 PM   #171
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^^^DION

no worries, just breakin' balls
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Old 04-20-2017, 10:45 PM   #172
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i wonder how many layers of bandages Don Henderson's lawyers will wrap him up in
And ignorant statements like these are exhibit A for why I get annoyed when reading threads about people in my line of work, and why I've learned to pretty much abstain from most discussions on the legal process and lawyers in general.
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Old 04-20-2017, 10:47 PM   #173
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Wideman just got smoked into the glass and you can see his head bounce. What he did after that is very unusual - you may just think that the impact to the head affected his judgement after.

So I would say that it is 'not a given'.
Guy cut someones head of on a greyhound bus and gets away with a slap on the wrist because he is bat#### crazy.

Wideman certainly has a case they he wasn't in his right mind...an arbitrator has already said as much
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Old 04-20-2017, 11:01 PM   #174
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Guy cut someones head of on a greyhound bus and gets away with a slap on the wrist because he is bat#### crazy.

Wideman certainly has a case they he wasn't in his right mind...an arbitrator has already said as much
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Old 04-20-2017, 11:02 PM   #175
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Calgary Flames' statement of defense:

"Dennis Wideman played a very limited role for a very limited amount of time..."
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Old 04-20-2017, 11:10 PM   #176
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Originally Posted by dino7c View Post
Guy cut someones head of on a greyhound bus and gets away with a slap on the wrist because he is bat#### crazy.

Wideman certainly has a case they he wasn't in his right mind...an arbitrator has already said as much
I am actually a little surprised that the Preds aren't involved in this as well - it was their player who hit Dennis from behind.

It is certainly an interesting case, and with this lawsuit we may see some parallels with Greyhound and de Grood.

Most surprisingly though is the empathy we saw in Calgarypuck for the Greyhound murderer, yet very little here for Wideman. If in fact Wideman defends himself with some type of 'concussion defence', he wasn't exactly thinking straight.

On top of that, should the refs have blown the whistle after Dennis got hit? They appear to have missed the entire play, as the play continues after the Wideman attack.

I could see a lawyer pointing to UFC fighters attacking the ref post knockout - which happens frequently, and the fighter is rarely judged for it in a negative light at all. Joe Rogan is also openly calling to ban post fight interviews with KO'd fighters simply because they often make no sense in the interview (this may actually be UFC policy now). Clearly head trauma has a direct impact on decision making, awareness and conduct.

I am trying not to pick a side here, I want to see what Wideman has to say to defend himself. I just don't see this as cut and dry as others do, but I can see the Flames burying this quickly with a settlement.
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Old 04-20-2017, 11:12 PM   #177
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I am actually a little surprised that the Preds aren't involved in this as well - it was their player who hit Dennis from behind.

It is certainly an interesting case, and with this lawsuit we may see some parallels with Greyhound and de Grood.

Most surprisingly though is the empathy we saw in Calgarypuck for the Greyhound murderer, yet very little here for Wideman. If in fact Wideman defends himself with some type of 'concussion defence', he wasn't exactly thinking straight.

On top of that, should the refs have blown the whistle after Dennis got hit? They appear to have missed the entire play, as the play continues after the Wideman attack.

I could see a lawyer pointing to UFC fighters attacking the ref post knockout - which happens frequently, and the fighter is rarely judged for it in a negative light at all. Joe Rogan is also openly calling to ban post fight interviews with KO'd fighters simply because they often make no sense in the interview (this may actually be UFC policy now). Clearly head trauma has a direct impact on decision making, awareness and conduct.

I am trying not to pick a side here, I want to see what Wideman has to say to defend himself. I just don't see this as cut and dry as others do, but I can see the Flames burying this quickly with a settlement.
I'm an engineer, not a lawyer, but this might be the dumbest post I have read.
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Old 04-20-2017, 11:14 PM   #178
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What could the Flames have done differently to prevent the incident...cancel the game?
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Old 04-20-2017, 11:15 PM   #179
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JMO Henderson is a joke. If i was Wideman I would hire a couple PI's to follow him day to day even on vacations to video if him doing all sorts of activities. I think this guy is a flat out liar.
Get video of him doing anything adventurous lawsuit will blow up in his face.
Then share it with his Insurer and they will seek insurance fraud on him.

10 mil eat dirt Henderson.
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Old 04-20-2017, 11:17 PM   #180
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I'm an engineer, not a lawyer, but this might be the dumbest post I have read.
Is this your first day on the internet? I should add snowflake that if you disagree with something, debate it.

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