McCracken wins $97,000 for footy injury
Former rugby league star Jarrod McCracken has won $90,000 damages for a spear tackle that ended his career as a footballer but opened the door to another career which has earned him millions.
The former Wests Tigers player successfully sued the Melbourne Storm rugby league team and its ex-players Stephen Kearney and Marcus Bai over the May 2000 tackle that left him with neck and spinal injuries.
The 36-year-old had sought compensation for, among other things, future lost earnings.
However, Justice Robert Hulme found that while the injuries McCracken suffered in the tackle ended his football career, they had given him more time to invest in property development.
Justice Hulme said McCracken had assets totalling $30 million and had made a profit of $18 million from property since being injured.
McCracken, also a former New Zealand captain, was nine years into his career when he was tackled by Kearney and Bai during a game in Victoria on May 12, 2000.
"I found that the actions of (Kearney and Bai) at the time of the tackle were intentional and intended to injure the plaintiff, albeit not as seriously as in fact occurred," Justice Hulme said in his judgment.
"The plaintiff landed on his head, he heard a loud crack, his neck went into spasm and became numb and he had pins and needles and numbness down his right arm."
Justice Hulme said McCracken continued to suffer neck pain from the injuries.
"The injuries inflicted on the plaintiff ... are permanent," he said.
"They occurred to someone who obviously rejoiced in, and had put a great deal of effort into, his health and fitness.
McCracken had played 163 first grade games in the ARL or NRL and 22 Test matches for New Zealand.
Justice Hulme said McCracken had been planning to travel to England to play football before the tackle.
"They (the injuries) also prevented him from continuing in a career for which he had a passion and which must have involved substantial satisfaction and reward in addition to that of a monetary nature," he said.
Justice Hulme said there was no indication his career would have lasted beyond 2004, regardless of the injury.
Declining to award any compensation for alleged future earnings loss, Justice Hulme said McCracken's injuries had given him a chance to focus on property development.
"In principle of course, the cessation of obligations to play and train for football freed up the plaintiff to engage in other remunerative employment," he said.
"The plaintiff's earning capacity in the field of land dealing and development has been productive of more financial gain than the loss due to the diminution in his football earning capacity."
Justice Hulme awarded McCracken $90,000 in general damages, $1,000 for out of pocket expenses and $6,500 in interest.
But he deferred any payment to McCracken for a "short period" so that lawyers for both sides could look over the judgment and re-list the matter if necessary.
The former Wests Tigers player successfully sued the Melbourne Storm rugby league team and its ex-players Stephen Kearney and Marcus Bai over the May 2000 tackle that left him with neck and spinal injuries.
The 36-year-old had sought compensation for, among other things, future lost earnings.
However, Justice Robert Hulme found that while the injuries McCracken suffered in the tackle ended his football career, they had given him more time to invest in property development.
Justice Hulme said McCracken had assets totalling $30 million and had made a profit of $18 million from property since being injured.
McCracken, also a former New Zealand captain, was nine years into his career when he was tackled by Kearney and Bai during a game in Victoria on May 12, 2000.
"I found that the actions of (Kearney and Bai) at the time of the tackle were intentional and intended to injure the plaintiff, albeit not as seriously as in fact occurred," Justice Hulme said in his judgment.
"The plaintiff landed on his head, he heard a loud crack, his neck went into spasm and became numb and he had pins and needles and numbness down his right arm."
Justice Hulme said McCracken continued to suffer neck pain from the injuries.
"The injuries inflicted on the plaintiff ... are permanent," he said.
"They occurred to someone who obviously rejoiced in, and had put a great deal of effort into, his health and fitness.
McCracken had played 163 first grade games in the ARL or NRL and 22 Test matches for New Zealand.
Justice Hulme said McCracken had been planning to travel to England to play football before the tackle.
"They (the injuries) also prevented him from continuing in a career for which he had a passion and which must have involved substantial satisfaction and reward in addition to that of a monetary nature," he said.
Justice Hulme said there was no indication his career would have lasted beyond 2004, regardless of the injury.
Declining to award any compensation for alleged future earnings loss, Justice Hulme said McCracken's injuries had given him a chance to focus on property development.
"In principle of course, the cessation of obligations to play and train for football freed up the plaintiff to engage in other remunerative employment," he said.
"The plaintiff's earning capacity in the field of land dealing and development has been productive of more financial gain than the loss due to the diminution in his football earning capacity."
Justice Hulme awarded McCracken $90,000 in general damages, $1,000 for out of pocket expenses and $6,500 in interest.
But he deferred any payment to McCracken for a "short period" so that lawyers for both sides could look over the judgment and re-list the matter if necessary.
posted by Norwood at 2:25 AM
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