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Rugby player flattened 'like a frog' after revenge tackle awarded $19m payout

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Post by yappysnap Fri Feb 24, 2023 3:24 am

Taken from Stuff in NZ but it has relevance...

An amateur rugby player left paralysed from the waist down after her opponent flattened her “like a frog” has won a payout of up to £10 million (NZ$19.2 million) in a legal first.

Dani Czernuszka, 34, broke her spine after Natasha King “frog-splatted” her in an “illegal” tackle in an amateur league rugby match between her team, Reading Sirens, and Bracknell Ladies in Oct 2017.

In a legal first for the ladies’ amateur rugby game, Justice Spencer ruled that King was liable for the severe spinal fracture and spinal cord injury Czernuska sustained as a result of the “dangerous” and “illegal” tackle.

The High Court was previously told of claims from Czernuszka that King had told her she was “going to break me” after the pair clashed during the match in Sonning, near Reading.

The court was also told that King, who had not been penalised by the match referee for the tackle, had “exerted her full weight downwards onto the head and back of the claimant in the manner of a ‘belly flop’, such that her full weight pressed down heavily on the claimant’s spine”.

Witnesses to the tackle described it variously as like a “belly-flop” or “like she was frog splatting on her”, the court was told.

Robert Weir KC, acting for Czernuszka previously, also highlighted the size difference between King and his client.

Czernuszka, who now plays para ice hockey for Team GB, was hospitalised for six months after the injury. She was left with no movement in her legs and was dependent on a wheelchair. The verdict has set a precedent for sports injury claims in the future.

On Thursday, Czernuszka said she was “grateful for today’s ruling and to finally put to bed all of the untruths and fabrications surrounding what happened during the game that day”.

She added: “Learning to live with my life-changing injuries has been difficult and something I could not have done without the support of my family and close friends.

“Sport has always given me great pleasure in life, and I don’t blame the game of rugby for what happened that day. Ultimately, I feel I was let down by improper and poor behaviour from the opposing player, coaching staff and the referee.

“With the unparalleled support of my legal team, I hope I can use my injury and the outcome of today’s trial to raise awareness of the dangerous lines that shouldn’t be crossed when playing sport – no matter the level.”

Damian Horan, legal director at Aspire Law, who represented Czernuszka in the case, said it was “a timely reminder that a player’s actions on the pitch never stay on the pitch and can have catastrophic consequences”.

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Post by Welshmushroom Fri Feb 24, 2023 9:35 am

Did the case get brought against the New Zealand rugby unions or was this against the player causing the injury? I'm assuming it's new union but I couldn't tell from the article above.


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Post by TJ Fri Feb 24, 2023 9:46 am

I think it was against the player - but the player should be insured by the union?

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Post by Unclear Fri Feb 24, 2023 4:59 pm

Reported on BBC news, it looks like a case against the individual.

I've tried to copy a link below, but being technically illiterate I don't think it has worked.

https://www.bbc.co.uk/news/uk-england-berkshire-64747630

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Post by doctor_grey Fri Feb 24, 2023 9:00 pm

I read the article and this has so many issues written all over it.  The court decided the tackler was in the midst of a real rage and was looking to injure.  Not 100% sure how one can quantify that before the law, but the tackler must have been burning over something (whether real or imagined).  And if the tackler was that unstable, then why did her coach or teammates or the referee allow her to continue on the pitch?  They are culpable here.  No one on the other team saw or did anything either?  

It had to be visible.  Rage always is.

And the article said this was the victim's first Rugby match.  And I know this was years ago now, but if she needs help or assistance, well, she is part of the Rugby family and was partially paralysed because of Rugby....

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