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 NHL » Montador Lawsuit
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 Montador Lawsuit [message #739987]
Mon, 08 July 2019 10:45 Go to next message
Adam  is currently offline Adam
Messages: 17053
Registered: August 2005
Location: Edmonton, AB

6 Cups

Wow...the NHL might not look so good in this one ultimately. This is a pretty tough look with their opening position:

Quote:

In a 26-page document filed June 28 in U.S. district court in Minneapolis, the NHL asked that Montador’s case be transferred back to Chicago, where it was initially filed. In a series of 26 stated defences, the league insists it isn’t to blame for Montador’s death.

Any legal claims related to Montador’s injury “may be barred, in whole or in part, from recovery due to his contributory and/or comparative negligence,” the NHL alleged.

“Any injury or damage sustained by [Montador] was caused, in whole or in part, by [Montador's] own lack of due care and fault, and/or by pre-existing conditions; and/or the lack of due care of others for whom the NHL has no responsibility or control,” the league wrote in its answer to the Montador family’s lawsuit.

The NHL also alleged it should not face liability from being sued for promoting violence because “such conduct is protected under the First Amendment to the United States Constitution.”


https://www.tsn.ca/nhl-claims-montador-s-brain-injuries-caus ed-by-his-own-lack-of-due-care-and-fault-1.1332037

Hopefully we get a bunch more Colin Campbell & Gary Bettman email exchanges in discovery in this trial again...



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 Re: Montador Lawsuit [message #739989 is a reply to message #739987 ]
Mon, 08 July 2019 10:55 Go to previous message
mazankowski  is currently offline mazankowski
Messages: 402
Registered: June 2006
Location: Kelowna BC

No Cups

I think there is a defence of voluntary assumption of risk, similar to boxers. The main issue is that the NHL needs to do a better job of informing their athletes of the potential long term impacts that concussions, CTE and opioid abuse can play on your brain.

Of course there is an element of contributory negligence, but that would be in relation to someone who has the capacity in making decisions. I think that argument behind this is limited.

If it is indeed fact that he sustained all those concussions and the NHL allowed him to play, then they were clearly negligent. What those damages may be is tough because then you're dealing with a causation issue. It'll be interesting to follow how this goes.



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