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The W - Pro Wrestling - Hart to sue for injury...
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Socks
Landjager








Since: 25.6.02
From: Ottawa

Since last post: 879 days
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#1 Posted on | Instant Rating: 6.21
Bret is in the news again...

http://www.canoe.ca/ NewsStand/OttawaSun/Sports/ 2004/03/29/399982.html



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DaRipper58
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Since: 11.3.04
From: Kennebunk, Maine

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#2 Posted on | Instant Rating: 5.95
And why the hell would he not have any ill will towards Bill Goldberg? Goldberg ended his carreer and he should be the one getting sued if anyone.



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Since: 2.1.02
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#3 Posted on | Instant Rating: 6.99
    Originally posted by DaRipper58
    And why the hell would he not have any ill will towards Bill Goldberg? Goldberg ended his carreer and he should be the one getting sued if anyone.


I thought Goldberg injured him and put him out, but the stroke ENDED HIS CAREER.



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BigVitoMark
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Since: 10.8.02
From: Queen's University, Canada

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#4 Posted on | Instant Rating: 5.10
I think the stroke was more confirmation than anything else...after all it was what, two years after his concussion and he was still suffering from concussion symptoms. The stroke was also due at least in part to pre-existing head injuries ie. the concussion. He was also on the record several times as saying he wasn't going to wrestle again.

I don't know whether Goldberg deserves to be sued, but there's no doubt in my mind that he's responsible for ending Bret's career.



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Landjager








Since: 10.1.03
From: Enter your city here

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Y!:
#5 Posted on | Instant Rating: 3.50
    Originally posted by BigVitoMark

    I don't know whether Goldberg deserves to be sued, but there's no doubt in my mind that he's responsible for ending Bret's career.


No, please no, don't even suggest that, it would just open the flood gates and pretty much kill the industry. I know about the Chad Austin story, but Bret suing Goldberg, now that could have some serious repercussions.
canucklover
Pickled pork








Since: 16.7.02
From: Vancouver, BC

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#6 Posted on | Instant Rating: 4.74
It seems likely that Hart would have a better case against his insurer than against Goldberg. Accidents such as the one which ended Hart's career are part and parcel of the dangerous business of professional wrestling, and I suspect that any competent defence counsel would be able to successfully defend a claim against Goldberg, both on the basis that there was no breach of the standard of care and on the grounds that Hart had consented to the risk (volenti fit injuria).

On the other hand, the case against Lloyd's is a fairly simple one and based purely on the policy wording and the medical evidence as to Hart's injuries. If, as the fact that he hasn't wrestled sincve the incident suggests, Hart has indeed suffered a career-ending injury, and if he hasn't in some way breached the terms of the policy, Hart is in a good position to argue that the insurer has a fiduciary obligation to pay out under the policy. As to the punitive damages claim, this depends on whether the insurer has acted in good faith as it is required to do. The Supreme Court of Canada has recently opened the door to punitive damages claims where insurers have intentionally withheld payment of insurance proceeds on a bad faith basis.



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XManiac24
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Since: 2.3.04

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#7 Posted on | Instant Rating: 10.00
If I may...

In reference to what was said earlier about Bret saying he wouldn't be wrestling anymore anyway.

I was in a Shinders about two weeks ago and I read an interview Bret had with Pro Wrestling (I think that was the name of it, I am sure it is still on newstands) Magazine, and he said that if he hadn't suffered the concussion, he'd most likely still be wrestling.

But, what happened happened and we'll never know the other way.

I don't care if Bret is able to return to give a verbal goodbye to officially leave the industry because no matter what, I am always going to remember Bret as being an excellent performer.



If you disagree...you're wrong.
Stilton
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Since: 7.2.04
From: Canada

Since last post: 3241 days
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#8 Posted on | Instant Rating: 3.67
    Originally posted by DaRipper58
    And why the hell would he not have any ill will towards Bill Goldberg? Goldberg ended his carreer and he should be the one getting sued if anyone.


The answer to your question is right in the article:

"Hart bears Goldberg no ill will, concluding the kick was accidental. He blamed wrestling promoters of the day for his injury by forcing inexperienced wrestlers to fight before they're ready."

So, there you have it. Hart doesn't blame Goldberg, he blames the promotion for having Goldberg work before he was adequately trained. Hart isn't suing Goldberg because Goldberg doesn't owe him anything, but appearantly, Lloyd's does.

Had Hart not already suffered post-concussion syndrome (resulting from Goldberg's boot to the head), the stroke would no doubt have ended his career, but the post-concussion syndrome ended it before the stroke ever had a chance. Officially, the mule-kick ended his career. The stroke happened after it ended. This same condition has ended a lot of hockey players' careers, too.

Also, the pcs may have exacerbated the conditions that lead to his stroke. He might not have had the stroke, or the stroke might have happened years later, had he not been kicked so violently.

(edited by Stilton on 30.3.04 1939)


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Oliver
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Since: 20.6.02
From: Kolob

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#9 Posted on | Instant Rating: 3.36
Where did I read that Lloyds didn't offer wrestling insurance or something like that (anymore) ?

(edited by SOK on 30.3.04 2227)


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Since: 27.2.03
From: Parts Unknown

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#10 Posted on | Instant Rating: 4.21
Well, if Hart got the policy before Lloyd's stopped giving them out, he'd be grandfathered in. I'm pretty sure they couldn't just say "We don't insure wrestlers anymore" and cancel his policy.
Stilton
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Since: 7.2.04
From: Canada

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#11 Posted on | Instant Rating: 3.67
Lloyd's big claim to fame used to be that would insure ANYTHING! And now it's anything but wrestlers! Wow, imagine being considered the worst risk in the world by Lloyd's! That's got to make you think about how safe you feel in your job.



So sayeth Randy Stilton, the real Stinky Cheese Man!

(I'm told that, in the UK, my name is actually hilarious.)
HairRaiser
Kishke








Since: 13.1.03
From: S. Attleboro, MA

Since last post: 2668 days
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#12 Posted on | Instant Rating: 4.63
I think that Lloyds stopped covering wrestlers because they'd pay out "career ending" claims only to have the payee return to the ring (Curt Hennig in particular springs to mind).

Lloyds apparently is still considering whether to pay out the claim, but I expect that will be taken care of before this goes to court. He's got the medical records to prove why he can't go back, after all.



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CRZ
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Since: 9.12.01
From: ミネアポリス

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#13 Posted on | Instant Rating: 8.65
Lloyd's stop covering LOTS of "anything" because they were losing money in a bad way during the 1990s and couldn't take on any more risk.

But that's just a small part of a much greater story. Check out this Time Europe special report: http://www.time.com/ time/europe/magazine/ 2000/221/lloyds.html



CRZ
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Loukanika








Since: 23.3.04
From: Crosslake

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#14 Posted on | Instant Rating: 0.42
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Hogan's My Dad
Andouille








Since: 8.6.02
From: Canada

Since last post: 1 day
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#15 Posted on | Instant Rating: 5.20
I don't believe you can argue Goldberg "ended Bret's career". Bret continued to wrestle when he knew he had a concussion. He had a history of them and this was just the unfortunate, idiotic mentality that many from Bret's era were raised on in the business. You work no matter what. Well, congrats but if you work no matter what it's only a matter of time before you do further damage to yourself. For another example, look at what Orndorff did. He couldn't take time off for his injury since the money was too good on top at that time, and ended up with nerve damage. I don't know what Bret was thinking at the time, but lord knows concussions can make clear thinking difficult, as evidenced by the fact Chris Nowinski has reported waking up in areas he has no recollection of travelling to.

In any case, blaming Goldberg for the "end of Bret's career" is certainly frivolous. That said, Bret should and does have a case with the insurance people as WCW released him from the last year of his contract. The 2.2 million is simply that year he didn't get to work because of an injury sustained on the job. This is the most reasonable celebrity litigation I've ever heard.

(edited by Hogan's My Dad on 31.3.04 1608)


I'd tell you to kiss my ass, but I don't want to get it infected.
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