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re: Ciron Black suing insurance company over injury while at LSU

Posted on 11/1/10 at 10:17 am to
Posted by OU812
Michigan
Member since Apr 2004
13670 posts
Posted on 11/1/10 at 10:17 am to
quote:

I tore my ACL during a high school football season.


There is a difference between tearing a ACL and completely blowning it out, in which it is totally disintegrated. My wife had that happen in August and there was nothing left of the ACL and she could not walk or put weight on her leg...surgery was a must.
Posted by ItTakesAThief
Scottsdale, Arizona
Member since Dec 2009
10754 posts
Posted on 11/1/10 at 10:27 am to

quote:

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?


The first paragraph deals with gross negligence or intentional injury.

However, you must also read the second paragraph dealing with regular negligence.

I am not saying what Miles did or didn't do, my point is only about waivers not being valid in LA.


Posted by CharlesLSU
Member since Jan 2007
33653 posts
Posted on 11/1/10 at 10:30 am to
quote:

they misdiagnosed him and he will need knee replacement surgery.


...did he lose all of his cartlidge? ACL injuries =/= knee replacement.
Posted by mule74
Watersound Beach
Member since Nov 2004
12859 posts
Posted on 11/1/10 at 10:32 am to
My guess is that the Lloyd's carrier who underwrote the policy is denying coverage, stating that Black was not good enough to play in the NFL, regardless of the injury, and therefore suffered no loss of future earnings.
Posted by ItTakesAThief
Scottsdale, Arizona
Member since Dec 2009
10754 posts
Posted on 11/1/10 at 10:34 am to

Or that he failed to mitigate the damage. If he was injured and continued to play on it.
Posted by mule74
Watersound Beach
Member since Nov 2004
12859 posts
Posted on 11/1/10 at 10:36 am to
quote:

Or that he failed to mitigate the damage. If he was injured and continued to play on it.


Also possible. I'd like to see the conditions section of the policy to understand what the requirements were.

Even if the policy were to pay out, I doubt it would be anywhere near the 2 million limit. Assuming that he had stayed completely healthy, he would have likely been a late round draft pick and earned nowhere near that kind of money.
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 11/1/10 at 10:48 am to
Y'all can get all legal about this all day long, the bottom line is the same as a concusion (shich is the popular injury to discuss these days).

The doctors and the University MUST clear him to play if there is no risk of furthering the injury. If cleared, the player/family can decide if he plays and can tolerate the pain.

SO the question is simply, Was he cleared to play? If so, by who? The doctor is responsible for making that call.

If the doc did NOT clear him, tehn LSU should not have played him NO MATTER WHAT THE PLAYER WANTS!

And therefore, I think Lloyd's would have a case for non-payment because someone else would be negligent.

I know this is ALL speculation... but..................Who cleared him to paly?
Posted by Johnny4lsu
Opelousas, LA
Member since Apr 2008
5143 posts
Posted on 11/1/10 at 10:55 am to
quote:

There is a difference between tearing a ACL and completely blowning it out, in which it is totally disintegrated. My wife had that happen in August and there was nothing left of the ACL and she could not walk or put weight on her leg...surgery was a must.
I know this. If his ACL was completely blown out, he wouldn't have played. Obviously it wasn't, and maybe had some other stuff wrong.
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