A Canadian man who suffered a concussion while competing in a game in a no-contact hockey league has sued the opposing player who caused the injury as well as the two referees who worked the game.
Plaintiff Hugo Bergeron was playing for the New Age Drilling Warriors in a game against the Murphy Built Southern Lakes on Oct. 22, 2012. Bergeron alleged that the game, right from the start, was “aggressive, heated and chippy,” and that the referees did little to control it. In the second period, Bergeron became entangled with an opposing player, defendant Ronald (Gus) Morberg. Morberg allegedly checked Bergeron, sending him sprawling to the ice.
Bergeron claimed he suffered a traumatic brain injury, soft-tissue damage to the neck and back, and psychological injuries, including problems with his memory, depression and anxiety. Because of the injury, both his earning capacity and “enjoyment of life” are diminished, according to the complaint.
In addition to Morberg, who was given a one-game suspension, Bergeron named referees Adam Briggs and Phil Borgel in the suit.
“The negligent conduct by the defendant Morberg was not part of the game of hockey and did not meet the applicable standard of care of a player in the CARHA (Canadian Adult Recreational Hockey Association) league,” reads the complaint.
Further, he alleged that Briggs and Borgel “failed in their duty to ensure a safe playing environment.” They “as officials of CARHA, are responsible for ensuring that all games played are done so in a safe and respectful manner.”
Jon Heshka, Associate Dean of Law at Thompson Rivers University, questioned whether the plaintiff assumed the risk.
“It is interesting that the culture of no-contact hockey permits limited contact,” Heshka said. “It’s almost as if hitting is in hockey’s DNA. Contact is inevitable as athletes chase around a disc with sticks gliding on stainless steel runners on a frozen playing surface ringed by hard boards. It’s going to happen.”
Therefore, it may be too much to expect the referees “to ensure a safe playing environment. If that is Hugo’s expectation, he should play video games. Hockey has inherent risks – pulsed by a violent beat – even no-contact hockey.”
Similarly, the defendant may be on solid legal footing.
“The behavior of the defendant breached the required standard of care,” added Heshka. “Gus may have broken a rule but did he break the law?”
