Vorstellung » The defendants knew or ought to have known

The battle over how teams treat players who have suffered concussions is extending into major junior hockey. Former Barrie Colts goalie John Chartrand is suing his former team for $12 million, alleging in court documents that Colts medical and team officials cleared him to play in games mere days after he was in a violent car accident that required him to be hospitalized. Chartrands accusations are detailed in a statement of claim filed Dec. 12, 2012, in Ontario Superior Court. The Colts and the teams doctor Stuart Murdoch have filed statements of defence denying Chartrands charges. Chartrand and the team declined to comment. The lawsuit, which is active and previously unreported, comes as several provincial and state governments are investigating working conditions in major junior hockey, and as the Canadian Hockey League prepares to defend a $180 million class-action lawsuit filed in Toronto. While franchise values and team revenues have spiralled up, compensation to players has lagged, critics say. A lawsuit filed Friday by Sam Berg, a former Ontario Hockey League player and the son of former Toronto Maple Leaf Bill Berg, charges that teams are unjustly enriched based on services provided by underpaid young players. The Toronto Star first reported the Berg lawsuit. For the past several months, Unifor, Canadas largest private-sector union, has tried to organize players in Canadas three major junior leagues. The kids have nowhere to go when they have problems, Unifor President Jerry Dias said in an interview. They are at the mercy of the owners. Even in a case where a kid is hospitalized, its all about the dollar. This (Chartrand) case is a perfect example of what were talking about. Its odd that 10 days after a serious car accident where this kid was unconscious, that the team would make a judgment that he was fine to play. You would think they would err on the side of caution. Michael Mazzuca, a former London Knights forward who supports Diass efforts, said players feel immense pressure to play even when they are injured. Its a deep structural problem and power imbalance between the player and teams, said Mazzuca, now a Toronto lawyer. CHL president David Branch wrote in a statement: As members of Hockey Canada, the OHL insurance program is administered through Hockey Canada. In checking with Hockey Canada, they do not have any new information on the lawsuit at this time. Chartrand, 21, was drafted by the IceDogs in 2009 and traded to the Colts the following year. He played parts of three seasons in the OHL, appearing in a collective 61 games with the Niagara IceDogs, the Colts and the Belleville Bulls. He was not drafted by an NHL team and played 2013-14 with Nipissing Universitys mens hockey team. Chartrands allegations have not been proven in court. According to Chartrands lawsuit, which also names Colts owner Howie Campbell and head coach Dale Hawerchuk as defendants, Chartrand was involved in a car accident on Dec. 21, 2010, while he was playing with Barrie. John suffered a concussion and loss of consciousness, his court filing says. Emergency services were called to the scene and John had to be removed from his vehicle using the jaws of life. Colts team officials visited the hospital where Chartrand was taken and were advised that he had suffered a concussion and had been unconscious, the document says. Team officials were told Chartrand must stay out of hockey until assessed and cleared by a specialist in concussions, it says. Chartrand alleges the team cleared him to return to hockey less than 10 days after his accident, playing for the Colts in a Dec. 31, 2010, game against the Brampton Battalion. Thereafter, he suffered further concussions resulting in a serious brain injury, he alleges. After being prematurely re-inserted into the lineup, John developed severe headaches, balance problems and cognitive impairments. Documents say he also suffers from depression, insomnia and sleep disturbances and mood disorders related to his concussions. Chartrand says his injuries have been caused because of negligence and medical malpractice. He says the team did not perform baseline testing on him to assess future concussions, and that the OHLs concussion safety management program was inadequate to ensure his safety. Johns enjoyment of life has been irretrievably lessened and he has sustained and will continue to sustain, a loss of past and future income, a loss of competitive advantage in the workplace and a permanent impairment of his income-earning capacity, his court filing says. Prior to the mismanagement of his concussion, John was a top-ranked goalie and NHL Central Scouting ranked him as the sixth-best draft eligible goalie in North America. John has not been able to return to playing hockey and its unlikely that he ever will. The defendants knew or ought to have known that minors attempting to get drafted to the National Hockey League have inordinate pressure placed on them and require supervision and testing to ensure that they are medically fit to play hockey. The defendants knowingly prioritized winning hockey games over the health and safety of a seventeen year old boy, the documents say. In November 2010, Chartrand was the sixth-ranked goalie in North America, according to the NHLs preliminary ranking of draft-eligible goalies. By the time the mid-term rankings were released that season, after his accident, he had slipped to the 19th-ranked North American goalie. He was not listed in the seasons final rankings. In a statement of defence, lawyers for Dr. Murdoch said that he learned of Chartrands injury on Dec. 25, 2010. After his treatment at hospital, Chartrand followed a head injury protocol that included complete rest until he was free of concussion symptoms, followed by a graduated exercise plan that is standard practice for all OHL players, Murdochs lawyers wrote. On Dec. 28, Chartrand told the doctor and the Colts trainer that he no longer had any concussion symptoms, including headaches and dizziness, Murdochs court filing says. On or about Dec. 30, Chartrand completed the OHLs head-injury evaluation program, and he then finished a graduated exercise and skating program and participated in a full practice with the team, Murdoch alleges. The doctor said Chatrands head-injury test results were forwarded to the OHLs neurological consultant, and the goalie was cleared to return to the Colts active roster. Murdoch alleges he treated Chartrand on Jan. 10, 2011, for a sore toe, unrelated to his car accident, and did not treat the goalie for any concussion symptoms for the remainder of the season. Dr. Murdoch carried out the diagnosis and treatment of Chartrand in a careful, competent and diligent manner, the doctors filing says. Similarly, the Colts say that they properly assessed Chartrands condition based on the information available to them, and that he was treated with proper care and consideration. The Colts also said in court documents that Chartrand went on to play for the balance of the 2010-11 season without complaint, and that he played the entire 2011-12 season with the Belleville Bulls, and further played with the OHLs Sudbury Wolves and Moncton Wildcats of the Quebec Major Junior league in 2012-13. Damages as have been claimed… are grossly exaggerated, remote, unforeseeable and unmitigated, the Colts wrote in their statement of defence. In July, Chartrands case was referred to mediation. A trial date has not been set. Davide Zappacosta Jersey . 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Prado stuck his glove down with Colorados Charlie Blackmon sliding into the bag, and quickly jumped back in pain after applying the tag. Prado held his left wrist as trainers came out of the Diamondbacks dugout to check him.A night ago, the Winnipeg Goldeyes relied on their deep batting order to score 18 runs. Friday night, the Goldeyes relied on their deep pitching staff to allow just one run. Four pitchers combined to lead the Goldeyes to a 4-1 win over the Fargo-Moorhead RedHawks before 5,227 fans at Newman Outdoor Field on Independence Day in America. The win stretches Winnipegs lead to eight games in the American Associations North Division over the RedHawks. The Goldeyes have also won nine in a row and 13 of their last 15 games. Luis Alen opened the scoring for Winnipeg when he singled in Donnie Webb from second in the top of the fourth inning to give the Goldeyes a 1-0 lead. After Goldeyes starter Matt Jackson struck out Ronnie Bourquin looking with runners on the corners in the bottom of the fourth, Casey Haerther hit a solo home run in the top of the fifth to double Winnipegs lead. It was Haerthers third home run in his last six games. Jackson struck out Brandon Newton in a steady rain to end the fifth, but from there the game was delayed by 1:09 due to the rain. Following a scoreless sixth inning, the RedHawks finally got on the scoreboard in the bottom of the seventh inning. C.J. Retherford drew a walk and subsequently went to third on a double by Ronnie Bourquin. Kaohi Downing came in from Winnipegs bullpen in relief of Jackson and Fargo catcher Petey Paramore hit at the first pitch he saw for a single to score Retherford. However, a great thrown by Donnie Webb from right field beat Bourquin to home plate by 10 feet and kept Winnipeg in front. Brendan Lafferty came in for the final two outs of the bottom of the seventh, including a strikeout of Anthony Kaskadden with runners on first and second to end the threat.dddddddddddd In the top of the eighth, the Goldeyes gave themselves a cushion with RBI singles from Brock Bond and Alen. The lead could have been even bigger, but Webb, who led off with a walk, was caught stealing at second. It didnt matter though, as Lafferty struck out three more in the bottom of the eighth and Chris Kissock pitched a 1-2-3 bottom of the ninth to earn his 11th save of the season. Its also Kissocks sixth save in his last seven outings. Jackson picked up the win for the Goldeyes for his league-best seventh victory of the season. Fargo starter Curtis Camilli suffered the loss in his RedHawks debut. At the plate, Haerther increased his lead in the leagues batting race by going three-for-four to up his batting average to .416 on the season. Alen added two RBI. The second game of the series goes Saturday night in Fargo. Winnipeg will send Chandler Barnard (2-0, 2.29) to the mound against the RedHawks Jake Laber (6-2, 4.10). Coverage on Jewel 101 (100.7 FM) will begin at 5:00 p.m. with Around the Association, followed by the pre-game show at 5:30 p.m. First pitch is slated for 6:00 p.m. Tickets for all 2014 Winnipeg Goldeyes games and the 2014 American Association All-Star Game are available through Ticketmaster by clicking on Goldeyes.com, calling 1-855-GOLDEYE or visiting any Ticketmaster location, including the Shaw Park box office. 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