An NHL linesman, who was struck in the back by former Calgary Flames defenseman Dennis Wideman during a game, leading to a concussion, will have to pursue his claim through an arbitrator, a judge in Canada has ruled.
The injury occurred during Calgary’s 2-1 loss to the Nashville Predators on Jan. 27, 2016. Here is a link to the injury. Plaintiff Don Henderson claimed “Wideman intentionally and deliberately struck (him).”
Specifically, the claim, which names the Flames as a defendant (vicariously liable for the actions of their employee) and seeks $10.25 million, reads as follows: “during the second period of the game, as the Nashville Predators were moving the puck forward and exiting their own zone, Don Henderson was skating backwards watching the play. Suddenly and without warning Wideman, who was skating out of the Calgary Flames zone towards the bench … to make a line change, lifted his arms and violently struck Don Henderson from behind, propelling him down to the ice.”
The league suspended Wideman for 20 games, which was later reduced to 10 games by an arbitrator.
Henderson alleged that he suffered a concussion and injuries to his neck, back, shoulder and knee, with the neck injury requiring surgery. Furthermore, he claimed that he suffered shock, anxiety, depression, headaches and permanent and partial disability.
“Wideman knew or ought to have known that his actions … would result in damage to Don Henderson,” according to the lawsuit.
“Wideman disregarded the National Hockey League official rules, specifically in respect of physical abuses of officials and in doing so ought to have known that his actions would cause injury, loss and damage to an unsuspecting Don Henderson.
“Wideman knew or ought to have known that by elevating his arms and hockey stick and violently striking (the plaintiff) from behind, that he would injure an unsuspecting Don Henderson.”
The Flames were successful in removing the litigation after Chief Operating Officer John Bean made the following argument last summer in an affidavit:
“Don Henderson was employed with the NHL and was bound by terms of the constitution. All claims against the defendants as described in the statement of claim fall under the full and exclusive authority of the Commissioner as set out in the NHL Constitution. In addition, the Commissioner has determined that all claims arising from the statement of claim are appropriate for arbitration. The arbitration clause is not null and void, inoperative or incapable of being performed. The statement of claim should be stayed permanently in favour of arbitration.”
