Ex-Moseley player sues for compensation


By Matthew Cooper,
October 16 2008

A former Moseley rugby player claiming damages after suffering a serious eye injury told a court how he was punched while stooping to form a ruck during a friendly match. Stuart McKinnon told Coventry County Court that he did not see the player who struck him during the opening minutes of a second-team fixture between Moseley and Coventry in September 2001.

Mr McKinnon, whose career with Moseley was ended by the injury, is claiming compensation from Coventry RFC and two of its former players after being left partially-sighted.

Recalling the incident under oath, Mr McKinnon said: “From what I remember, I arrived [at the ruck], I stood over, I got hit and went to the floor. It happened in seconds.”

The 39-year-old prop, from Upper Quinton, Warwickshire, said he had run towards the ruck with his head down, looking towards the floor, and his arms outstretched.

“My head went backwards, someone came in and swung a punch and I went down on my hands and knees.”

The civil trial, which is expected to last for three days, has been told that one of the two ex-Coventry players being sued, Mark Ellis, maintains that he struck Mr McKinnon in self-defence.

Mr Ellis, who was captaining Coventry when the claimant was injured, was representing himself at the hearing.

Under questioning from Mr Ellis, Mr McKinnon described the match during which he was hurt as a “nothing game”.

Addressing Mr Ellis directly, Mr McKinnon denied suggestions that the contest had been “intense” prior to his injury amid bad-feeling from previous clashes.

“It was a normal game of rugby - I think you guys scored a try first - there was an altercation in the front row and then after that there was what happened to me,” Mr McKinnon said.

Asked by Judge Stephen Oliver-Jones QC to give his account of the events, Mr Ellis said the referee in charge of the match had penalised Mr McKinnon for stamping during the ruck.

“As I was arriving Mr McKinnon was coming over the top of the ruck and he threw a punch at me and I threw a punch back,” the former Coventry player added.

Mr McKinnon, who will be required to give evidence about the extent of his injury later in the trial, responded by describing the claim as “complete lies”.

Rob Sigley, who was captaining the Moseley team, also gave evidence.

He told the court that he had seen a second Coventry player, Trevor Revan, land the blow which felled Mr McKinnon.

Mr Revan, the second Coventry player being sued, was subjected to disciplinary proceedings by the Rugby Football Union in October 2001.

He was found liable by the governing body and charged by police with assault in December 2001, but the allegation was dropped after Mr Ellis claimed he had struck the blow in self-defence.

The trial continues.

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Ex-Moseley player sues for compensation
Discussion started by Unofficial Coventry Rugby (IP Logged), 16/10/2008 07:25
Unofficial Coventry Rugby
Unofficial Coventry Rugby
16/10/2008 07:25
Ex-Moseley player sues for compensation

Aragon
Aragon
16/10/2008 14:36
SURELY we cant be held responsible for something that happened ages ago. (Another nail if this goes against the club)

Al from Cov
Al from Cov
16/10/2008 14:48
I think if this did go against the club it will be curtains. Lets just hope thats not the case

Ron J Collins
RJC
16/10/2008 15:20
Not sure why Ellis dont put his hands up and accept this. If I remember rightly didnt he let Trevor Revan take the wrap for this initially and now is blaming it on someone else saying it was self defence.

I dont know, but we sure as hell dont need anymore rap throwing at us.

johnr
johnr
16/10/2008 17:47
Unfortunately there is a precedent where Redruth were held liable for damages as a result of one of its players punching someone and causing injury.

On the positive side, presumably any liability would be on the old club which went into administration with no assets and therefore the new club is not liable.

That is unless the RFU suddenly say this is a rugby related creditor (I still don't know what the definition is) which the club needs to settle (even though legally it is not responsible), and failing which thay pull the plug and pay any damages from our bond.

Ron J Collins
RJC
16/10/2008 18:00
Yeah, what johnr says. I think.[:wor kid:]

Al from Cov
Al from Cov
16/10/2008 18:12
The problem is, I thought I read somewhere that the damages he is claiming is Ł150k.
Our bond is only Ł50k, add that to the Ł40k owed to MU and we are in the doodoo!
I really hope this case doesnt go against the club!

sportbilly42
sportbilly42
19/10/2008 22:25
[www.birminghampost.net]

"A former Moseley rugby player left blinded in one eye after an opponent punched him has won his legal bid for damages..........

..........The former front-row won his claim against Coventry RFC and one of their players, Mark Ellis, in a personal injury case that centred on a friendly match between the clubs' second XVs in September 2001.

Coventry County Court found in favour of Mr McKinnon, 39, from Stratford-upon-Avon, Warwickshire, and will now decide what level of damages are to be awarded."


When the solicitors say "We are delighted...." it's normally because THEY are about to get a huge payout..... Bad news for Cov



Edited 1 time(s). Last edit at 2008:10:19:22:29:28 by sportbilly42.

Al from Cov
Al from Cov
20/10/2008 11:30
Interesting bit at the end

The owners of Coventry RFC, which is currently in administration, contested the claim and are now locked in a legal battle with former owner, Keith Fairbrother.

Martin Guest, of Excalibur Solicitors, who represented Mr McKinnon, said: “We are delighted that he has finally been able to get justice for the horrific injuries he received.”

David3933
David3933
20/10/2008 12:12
Club Announcement
Written by Andrew Green, Chairman
Monday, 20 October 2008
It has been brought to our attention that a rumour is being circulated that Coventry RFC Limited went into administration on Friday. We can confirm that this rumour is completely untrue and, on the contrary, Coventry RFC continues to grow from strength to strength. Everyone associated with the Cub, from senior management to the playing squad, remain determined to deliver the very best both on and off the pitch for the benefit of supporters and the City alike.

Last Updated ( Monday, 20 October 2008 )
on the official web site:

Al from Cov
Al from Cov
20/10/2008 14:18
Great news. Lets just hope now that its the end of all the rubbish, and that we can now concentrate on keeping ourselves out of the bottom 5!

captainscarlet
bigm/ mark harrison.
05/12/2009 09:45
Quote:
David3933
Club Announcement
Written by Andrew Green, Chairman
Monday, 20 October 2008
It has been brought to our attention that a rumour is being circulated that Coventry RFC Limited went into administration on Friday. We can confirm that this rumour is completely untrue and, on the contrary, Coventry RFC continues to grow from strength to strength. Everyone associated with the Cub, from senior management to the playing squad, remain determined to deliver the very best both on and off the pitch for the benefit of supporters and the City alike.

Last Updated ( Monday, 20 October 2008 )
on the official web site:

captainscarlet
bigm/ mark harrison.
05/12/2009 09:46
Quote:
David3933
Club Announcement
Written by Andrew Green, Chairman
Monday, 20 October 2008
It has been brought to our attention that a rumour is being circulated that Coventry RFC Limited went into administration on Friday. We can confirm that this rumour is completely untrue and, on the contrary, Coventry RFC continues to grow from strength to strength. Everyone associated with the Cub, from senior management to the playing squad, remain determined to deliver the very best both on and off the pitch for the benefit of supporters and the City alike.

Last Updated ( Monday, 20 October 2008 )
on the official web site:

covkid53
covkid53
05/12/2009 11:48
Surely this is a public liability claim, ie; insurance ?

The club or previous company has no money, and remember..... you cant get blood out of a stone.

captainscarlet
bigm/ mark harrison.
05/12/2009 12:27
no , the point being the statement from green about all being fine and dandy

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