James McManus concussion: Former Newcastle player’s legal case against NRL dismissed
The NRL has staved off a million-dollar legal case which could have opened the league to class actions from players who have been forced to retire due to concussion.
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The NRL has landed a knockout blow in the concussion debate.
News Corp can reveal the NRL and Newcastle have fended off a seven-figure legal challenge from former Knights player James McManus, whose four-year battle was finally brought to a close last week.
McManus had been suing the Knights for more than $1 million in lost earnings and compensation through the NSW Supreme Court, citing the after-effects from head knocks he suffered during his playing career.
However, the matter came to an end when the court found in favour of the Knights in what shapes as a landmark decision for the NRL as they look to avoid the sort of class action that has blighted overseas sport.
“The claim brought by James McManus against the Newcastle Knights, which was managed by the NRL, has been finalised with the NSW Supreme Court ordering judgment for the Knights,” the NRL said in a statement.
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“The NRL is pleased that this long running matter has been resolved in the Knights’ favour. The NRL was confident in its defence of the claim under the Civil Liability Act and we are pleased that the matter could be resolved without further cost and expense for all parties.”
The significance of the NRL’s win cannot be understated.
At least two law firms were ready to launch class actions against the game over their handling of concussion, having sought out former players who were suffering in retirement.
It could have billion-dollar ramifications for rugby league. After settling their legal dispute in America, the NFL has already shelled out more than $1 billion in settlements alleging long-term injuries resulting from blows to the head.
The decision in the McManus case indicates the NRL has less to fear when it comes to further legal action.
The case had threatened to drag some of the Knights’ biggest names through the courts after McManus named them in his statement of claim. Newcastle legends Danny Buderus and Matthew Gidley were among the prominent figures who provided evidence on behalf of the Knights as well as two of the club’s most respected and revered doctors – Neil Halpin and Peter McGeoch.
Court documents obtained by News Corp outline the details of McManus’ case against the Knights, including claims that he was suffering from chronic traumatic encephalopathy (CTE) and chronic and permanent post-concussive syndrome.
McManus also suggested he was suffering from a litany of disabilities in retirement including mood swings, depression, lethargy, anxiety, emotional outbursts and agitation, carelessness, increased alcohol intake and excessive drinking, possible features of Parkinson’s disease and susceptibility to progressive dementia.
McManus claimed that as a result of his injuries he would require ongoing medical expenses as well as paid professional assistance in order to maintain his personal and domestic circumstances.
McManus’ legal team also claimed that he would have okayed rugby league in England for a further three years and earned $270,000 per annum.
“The plaintiff’s CTE and other injuries are progressive and degenerative,” the documents said.
“Therefore, the plaintiff’s capacity to engage in paid employment, and his ability to compete in the open labour market, will diminish over time.”
McManus claimed more than $700,000 in lost earnings as well as $343,500 under the civil liability act. In all, he was fighting for more than $1 million.
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Originally published as James McManus concussion: Former Newcastle player’s legal case against NRL dismissed