court case

crossref


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He was disinterested when viewing the challenge and made a judgement as to the legality of the challenge accordingly. The coaches, players and spectators see things from their teams point of view. there view is therfore not disinterested.Ttheir alegience will, in all likelyhood lead to (at best) unconsious bias.
The referee, by "accepting the "tackle" has already made the judgment that from what he saw the challenge was fine
The Review by the RFU has concured with his view.
We see it with TMO all the time, having announced a decision made real time, there is a natural inclination to defend it when shown the video. See threads passim .

It could well be that the ref isn't even called anyway
DC might think no point, as the ref wont change his stated view
NK might think no point as there is a risk that the ref might change his stated view

Anyway, we will see !
 

Marc Wakeham


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None of that answers the point. But keep it going. I'm out as this is going nowhere. The court will decide just let it get on with it. Trial by the Daily Heil never works well.
 

crossref


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£10m payout





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Rugby player flattened ‘like a frog’ and left paralysed awarded £10m payout
Dani Czernuszka was left dependent on a wheelchair after ‘illegal’ tackle during an amateur league match

By
Catherine Lough
23 February 2023 • 6:56pm
Dani Czernuszka, 34, broke her spine after Natasha King 'frog-splatted' her in an 'illegal' tackle
An amateur rugby player left paralysed from the waist down after her opponent flattened her “like a frog” has won a payout of up to £10 million in a legal first.

Dani Czernuszka, 34, broke her spine after Natasha King “frog-splatted” her in an “illegal” tackle in an amateur league rugby match between her team, Reading Sirens, and Bracknell Ladies in Oct 2017.

In a legal first for the ladies’ amateur rugby game, Mr Justice Spencer ruled that Ms King was liable for the severe spinal fracture and spinal cord injury Mrs Czernuska sustained as a result of the “dangerous” and “illegal” tackle.

The rugby tackle that left Dani Czernuszka paralysed from the waist down
The rugby tackle that left Dani Czernuszka paralysed from the waist down CREDIT: Champion News
The High Court was previously told of claims from Mrs Czernuszka that Ms King had told her she was “going to break me” after the pair clashed during the match in Sonning, near Reading.

The court was also told that Ms King, who had not been penalised by the match referee for the tackle, had “exerted her full weight downwards onto the head and back of the claimant in the manner of a ‘belly flop’, such that her full weight pressed down heavily on the claimant’s spine”.

Natasha King's tackle was described as a 'belly-flop'
Natasha King's tackle was described as a 'belly-flop' CREDIT: Champion News
Witnesses to the tackle described it variously as like a “belly-flop” or “like she was frog splatting on her”, the court was told.

Robert Weir KC, acting for Mrs Czernuszka previously, also highlighted the size difference between Ms King and his client.

Mrs Czernuszka, who now plays para ice hockey for Team GB, was hospitalised for six months after the injury. She was left with no movement in her legs and was dependent on a wheelchair. The verdict has set a precedent for sports injury claims in the future.

Dani Czernuszka outside London's High Court earlier this month for a previous hearing
Dani Czernuszka outside London's High Court earlier this month for a previous hearing CREDIT: Champion News
On Thursday, Mrs Czernuszka said she was “grateful for today’s ruling and to finally put to bed all of the untruths and fabrications surrounding what happened during the game that day”.

She added: “Learning to live with my life-changing injuries has been difficult and something I could not have done without the support of my family and close friends.

“Sport has always given me great pleasure in life, and I don’t blame the game of rugby for what happened that day. Ultimately, I feel I was let down by improper and poor behaviour from the opposing player, coaching staff and the referee.

“With the unparalleled support of my legal team, I hope I can use my injury and the outcome of today’s trial to raise awareness of the dangerous lines that shouldn’t be crossed when playing sport – no matter the level.”

Damian Horan, legal director at Aspire Law, who represented Mrs Czernuszka in the case, said it was “a timely reminder that a player’s actions on the pitch never stay on the pitch and can have catastrophic consequences”.

Daily Telegraph
 

crossref


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Guardian

The judge said: “Although this was a league match, the nature of the league being developmental meant that the players were still learning the game and it should have been played in that spirit: the players had a duty to be mindful of each other and to play with the understanding that enjoyment and learning were the main objectives, not winning.”

Spencer said whether Czernuszka had the ball at the time of the tackle was “irrelevant” to King. He said: “At that moment she was not attempting to play within the laws of the game, but to exact retribution on the claimant.”

He concluded: “I do not find that the defendant intended to injure the claimant, indeed that is not alleged against her.

“I do find, though, that the ‘tackle’ was executed with reckless disregard for the claimant’s safety in a manner which was liable to cause injury and that the defendant was so angry by this time that she closed her eyes to the risk to which she was subjecting the claimant.”
 

crossref


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DC (quoted in the guardian)

“Sport has always given me great pleasure in life, and I don’t blame the game of rugby for what happened that day. Ultimately, I feel I was let down by improper and poor behaviour from the opposing player, coaching staff and the referee.”
 

belladonna

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This is worth reading, from the Law Society gazette

Thanks, crossref. Really useful links. I'm relieved as this sounds like exactly the right outcome.

These two paras sum up what I was saying (or was trying to say!) earlier:

A negligence finding from a sporting incident is relatively rare, and the judge stressed that injuries were generally an accepted risk of sport, especially a contact sport such as rugby.

But he set out a series of factors which set this case apart, including the retribution being sought by the defendant and the dangerous elements of the tackle.


(Good to see that the Grauniad finally decided to report on it too. I've no particular love for the Times or Torygraph but they were the only papers reporting on it initially. To be fair they are usually reasonably reliable - if selective - for reporting facts and quotes, but I wouldn't class them in the same category as the Daily Fail or Daily Excess.)

There's a link to the full judgement in the Law Soc article, might make some good bedtime reading 😉

I know, I should get a life lol 😆
 

Locke


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One factor the law gazette made clear that I wasn’t aware of before that seems somewhat relevant is that it was specifically billed as a developmental game/league to help newer players get more familiar with the game and that King’s actions suggest she wasn’t treating it as such and, somewhat more subjectively, she was too experienced to be playing in that type of game, especially if she was unable or unwilling to participate in the spirit of such a game.
 

crossref


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NK had earlier broken another players arm , and also smacked another round back of the head
 

BikingBud


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NK had earlier broken another players arm , and also smacked another round back of the head
In the same game? 12 months before? 3 years before?

Are you trying to attribute some kind of malicious pattern to the individual's play?
 

Stu10


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Got to say, pictures on the BBC don't show a particularly good tackle... It appears she fell on top and folded her in half. Not sure how that was reported as a legal tackle!

1677187881928.png
 

BikingBud


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Maybe my grasp of logic is lacking but these statements seem contradictory:

He said: “At that moment she was not attempting to play within the laws of the game, but to exact retribution on the claimant.”

He concluded: “I do not find that the defendant intended to injure the claimant, indeed that is not alleged against her.

So how do you exact retribution without intent?

We've seen some before that have not gone to court: https://www.rugbydump.com/news/calum-clark-banned-for-32-weeks-for-breaking-another-players-arm/
 

Balones

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In the same game? 12 months before? 3 years before?

Are you trying to attribute some kind of malicious pattern to the individual's play?
Same game according to the judgement.
 

crossref


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Maybe my grasp of logic is lacking but these statements seem contradictory:

He said: “At that moment she was not attempting to play within the laws of the game, but to exact retribution on the claimant.”

He concluded: “I do not find that the defendant intended to injure the claimant, indeed that is not alleged against her.

So how do you exact retribution without intent?

We've seen some before that have not gone to court: https://www.rugbydump.com/news/calum-clark-banned-for-32-weeks-for-breaking-another-players-arm/
Intended to hurt her, didn't specifically intend to break her spine.
Was reckless about the possibility of doing that
 

BikingBud


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Got to say, pictures on the BBC don't show a particularly good tackle... It appears she fell on top and folded her in half. Not sure how that was reported as a legal tackle!

View attachment 4551
Is there any video as we cannot really tell too much from that?
 

crossref


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Reading the judgement I can see why no one called the referee as a witness ...
 
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crossref


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From that judgement is seems like there were a lot of people who could have done better that day, esp coaches and ref who could have got her off the field
 

crossref


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In the same game? 12 months before? 3 years before?

Are you trying to attribute some kind of malicious pattern to the individual's play?
In the same game !!
And, um, yes !

It's all in the judgement, do read it. Lots of malice

Lots of other context in there that has not been reported
 
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