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Started By
Message
re: Ciron Black suing insurance company over injury while at LSU
Posted on 10/30/10 at 12:03 pm to TigerBait1127
Posted on 10/30/10 at 12:03 pm to TigerBait1127
quote:
they misdiagnosed him and he will need knee replacement surgery. Its a little more serious than just tearing your ACL in High School
THIS. Replacement happens for reasons other than ACL injuries. THey could have thought the ACL was the only thing damaged and miseed the cartlidge damage in the joint. And when it is injured, you MUST rest it and allow to heal or it will be permanently GONE, which we all know is the major cause of replacements.
2
Posted on 10/30/10 at 12:19 pm to the LSUSaint
He can't go after LSU. It doesn't take a genius to have your players sign waivers for this very reason.
Posted on 10/30/10 at 12:23 pm to LSUZouave
I've heard he works at a car dealership and is a bouncer at Freds.
Posted on 10/30/10 at 12:26 pm to the LSUSaint
quote:
THey could have thought the ACL was the only thing damaged and miseed the cartlidge damage in the joint. And when it is injured, you MUST rest it and allow to heal or it will be permanently GONE, which we all know is the major cause of replacements.
this is exactly what's going on medically, fwiw.
Posted on 10/30/10 at 12:36 pm to LSUZouave
He works at Brian Harris Chevrolet.
Posted on 10/30/10 at 12:53 pm to RobbBobb
Get that money Ciron!!
Posted on 10/30/10 at 12:57 pm to jdrumdog
quote:This makes much more sense.
THey could have thought the ACL was the only thing damaged and miseed the cartlidge damage in the joint. And when it is injured, you MUST rest it and allow to heal or it will be permanently GONE, which we all know is the major cause of replacements.
Posted on 10/30/10 at 1:23 pm to heartbreakTiger
quote:
how does he explain being abused by ull?
You mean by Hall Davis who ended up being the Rams 5th round pick that year? You don't go from being a monster for 3 years to all of a sudden being garbage without a major injury. Especially a guy like Ciron who was known as the exact opposite of a basket-case.
Posted on 10/30/10 at 1:29 pm to EricB
quote:
He can't go after LSU. It doesn't take a genius to have your players sign waivers for this very reason.
Waivers on worth the paper they are written on. They can be used to help bolster a defense, "proof you were aware of the risk", but they are not legally enforceable.
Posted on 10/30/10 at 1:53 pm to ItTakesAThief
quote:
Waivers on worth the paper they are written on. They can be used to help bolster a defense, "proof you were aware of the risk", but they are not legally enforceable.
This is not exactly what you would call an expert 'legal' opinion, now is it?
Of course the School is aware of the risks, are the players not?
In over 120 years of Football being played in this country is this the first knee injury?
Player will not be able to go after LSU unless they can prove that the coaches knew that continued play WOULD result in greater injury.
It would also be extremely hard to establish actual damages as any 'future' earning potential via the NFL would be subjective and not a basis for damages.
Against the Ins. Company however, he has a right to reap the benefit of the bargain.
This post was edited on 10/30/10 at 1:54 pm
Posted on 10/30/10 at 2:18 pm to SouthernMan
It could be negligence on the University, but not for NOT knowing it would get worse, but because between them and THEIR doctors, the university is assumed to have the resources to know exactly what is wrong and to instruct the individual which course of action to take.
I smell a doctor being called out in this case too! SO if all this is the case we could assume...
The doc saw it and told Miles he needs to sit...
The doc missed it and therefore he is to blame....
Both the doc and Miles knew the severity and left it up to the player.....which LSU would lose on because it is NOT the players decision, it is ultimately the coaches /doctors/trainers call, NOT THE PLAYER
I smell a doctor being called out in this case too! SO if all this is the case we could assume...
The doc saw it and told Miles he needs to sit...
The doc missed it and therefore he is to blame....
Both the doc and Miles knew the severity and left it up to the player.....which LSU would lose on because it is NOT the players decision, it is ultimately the coaches /doctors/trainers call, NOT THE PLAYER
Posted on 10/30/10 at 2:20 pm to the LSUSaint
quote:
They let him play hurt at LSU and he will NO DOUBT go after LSU for damages. Right or wrong it will happen.
And if he was truley hurt and allowed to play on damaged ligaments, then he might deserve something.
Word is he will have to have a knee replacement!!!
This could get interesting.
C Black did seen to not be himself last season.
when the NFL dr determined he had a knee issue, it made me wonder if we intentionally played him hurt or our dr mis-diagnosed his injury. either way, it doesn't look good.
Posted on 10/30/10 at 3:19 pm to the LSUSaint
quote:
Both the doc and Miles knew the severity and left it up to the player.....which LSU would lose on because it is NOT the players decision, it is ultimately the coaches /doctors/trainers call, NOT THE PLAYER
Really? Do we not live in America any longer? Black doesn't have the right to not play football any more? So Miles and the doctor put a gun to Black's head and made him play every week? If Black didn't think like it was in his best interest to play, he could have said "no", quit, whatever.
Posted on 10/30/10 at 3:25 pm to RobbBobb
2006 = Freshman All-American
2007 = good season, but a little out of shape
2008 = even more out of shape
2009 = TERRIBLE; Nov. 7 game vs. Alabama
If I were him, I would be trying to get whatever money I could too. I hope he can settle out of court and get a decent check.
2007 = good season, but a little out of shape
2008 = even more out of shape
2009 = TERRIBLE; Nov. 7 game vs. Alabama
If I were him, I would be trying to get whatever money I could too. I hope he can settle out of court and get a decent check.
This post was edited on 10/30/10 at 3:27 pm
Posted on 10/30/10 at 3:38 pm to SouthernMan
quote:
This is not exactly what you would call an expert 'legal' opinion, now is it?
I wouldn't call it a legal opinion. But it is the law in Louisiana.
LA Civil Code Article 2004
Clause that excludes or limits liability
Any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.
Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.
Thus waivers are not really enforceable, but can be used as evidence that you acknowledged that you were aware of the risk.
This post was edited on 10/30/10 at 3:41 pm
Posted on 10/30/10 at 10:28 pm to ItTakesAThief
(no message)
Posted on 10/30/10 at 10:33 pm to ItTakesAThief
quote:
I wouldn't call it a legal opinion. But it is the law in Louisiana.
quote:
excludes or limits the liability of one party for intentional or gross fault that causes damage
Again; BIG, BIG, BIG burden of proof to make the case that Miles (or coaching/medical staff)intentionally caused damage and AGAIN what is the basis for the damages?
Miles haters on the Rant claiming he would have been a top five NFL pick but for Mile's idiocy will not hold up in court in case you're thinking along those lines.
Posted on 10/30/10 at 10:47 pm to SouthernMan
Posted on 10/30/10 at 10:57 pm to LSUZouave
quote:
The article says he has a job in Baton Rouge but won't name it. Anyone know what he is doing?
He's working at Mr. Gatti's
Posted on 11/1/10 at 10:04 am to Terry the Tiger
quote:
Really? Do we not live in America any longer? Black doesn't have the right to not play football any more? So Miles and the doctor put a gun to Black's head and made him play every week?
You are contradicting yourself in that statement. Yes we are in America (as LSU will find out what American lawyers can make us look like on this one) and it is Black's choice SOMETIMES! If an injury can't be made worse by playing, it's up to the player if he can tolerate the pain and not wrosen the injury. But if the Doc knew the severity and it could be more trmatic to the knee to play, THEN IT IS ABSOLUTELY UP TO THE DR AND/OR UNIVERSITY TO HOLD THE PLAYER OUT!
What if it were a concusion? You don't think the player wants to play again right away?
Wake up, like it or not it is LSU's responsibility to do what is in the players best health interest when an injury is involved.
In this day and age, LSU and the DR (whichever made the call) would be ROASTED in court. Take that back, it would settle LONG before a trial in front of a jury! Trust me, you don't want a kid up there crying about a knee replacement and LSU in there trying to defend itself when it is profiting many many millions each week from the sport. Which way would you vote?
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