AFL concussion crisis: Darren Jarman, Jay Schulz and Shane Tuck’s widow rolled into mega suit as Greg Griffin discontinues case

The AFL is facing a mega concussion class action after lawyer Greg Griffin, who was representing the Tuck family and Darren Jarman, discontinued his own action against the league.

Max Rooke, Jay Schulz, Darren Jarman

A concussion class action representing Darren Jarman, Jay Schulz and Shane Tuck’s widow Katherine will be discontinued, with the AFL now fighting a single mega class action.

That trio of players will now be represented in the class action being fought by Margalit Injury Lawyers which has Geelong premiership hero Max Rooke as its lead plaintiff.

And while the Rooke-led lawsuit covers all players fighting the AFL for their treatment of players with concussion, a quartet of AFL clubs now will now dodge direct lawsuits.

Richmond, Adelaide, Port Adelaide and Hawthorn were to be sued as part of the class action led by Adelaide’s Greg Griffin and Griffins’ Lawyers.

Those clubs were the former teams of Adelaide and Hawthorn legend Jarman, Hawthorn and Richmond player Tuck and Richmond and Port Adelaide player Schulz.

Adelaide lawyer Greg Griffin has discontinued his class action on behalf of AFL concussion sufferers. Picture: Ben Clark

Griffin wrote to the participants in his class action in recent days to inform them about the reasons for discontinuing his action.

He told them their legal rights against the AFL were still fully preserved as part of the Rooke class action.

But those clubs will not have to directly defend a lawsuit with Griffin stating “upon reflection, that liability for your, or your family member’s or other former players’ “concussion” injuries properly lies against the AFL as the body solely responsible for creating, implementing and overseeing (and changing where necessary) the rules and regulations of the game of professional Australian rules football”.

“The Clubs themselves are not responsible for such matters. Those matters are exclusively

within the purview of the AFL,” he wrote.

The application to officially discontinue the Griffin Lawyers’ Class Action will be before the court on March 14, with the Rooke class action to be the sole class action against the AFL.

Supreme Court justice John Dixon urged both camps to merge their claims last year as they overlapped and explored similar issues.

Griffin acted on behalf of Katherine Tuck who’s late husband Shane was diagnosed with CTE post mortem after multiple concussions while playing AFL. Picture: Quinn Rooney/Getty Images

He told the parties “there are not going to be multiple trials of the same issue”.

Margalit Injury Lawyers’ Managing Principal Michel Margalit said last October she hoped the league would come to the table to mediate the class action.

The Herald Sun revealed over the weekend the AFL’s defence for the Rooke class action was that clubs and “players themselves” are responsible for footballers health and wellbeing.

The Rooke class action now involves more than 100 former players and the families of some players including Tuck who have died since retiring.

It is alleged Rooke “suffered permanent, life-altering injuries as a result of concussion related injuries, and due to the negligence of the AFL”.

That statement of claim was lodged on December 6 last year.

The AFL is also facing separate and individual lawsuits from former players including Gary Ablett Sr, Liam Picken and Ty Zantuck.

Western Bulldogs premiership hero Picken has launched civil action against the AFL and his former club, claiming he was not told about his cognitive impairments and was still sent out to play for years.

Originally published as AFL concussion crisis: Darren Jarman, Jay Schulz and Shane Tuck’s widow rolled into mega suit as Greg Griffin discontinues case