New South Wales Supreme Court Dismisses Controversial Concussion Lawsuit

Oct 22, 2021

Just days before a controversial concussion lawsuit was set to be heard, the New South Wales Supreme Court dismissed the claim.

The litigation involved former Newcastle Knights star James McManus, who sued the National Rugby League team in 2017 for $1 million, claiming it was negligent in its handling of the repeated concussion he suffered during his playing career.

McManus, who retired in 2015 after playing in 166 games, alleged in the lawsuit that he suffers from chronic traumatic encephalopathy (CTE).

His complaint alleged that “CTE and other injuries are progressive and degenerative. Therefore, the plaintiff’s capacity to engage in paid employment, and his ability to compete in the open market, will diminish over time. The plaintiff is presently aged 35 years. But for his injuries, the plaintiff would have worked to the age of 67 years.”

It further charged that “as a consequence of his injuries the plaintiff’s earning capacity has been reduced, so that now he can only generally work 3-4 days per week on a regular basis.”

Predictably, the NRL was pleased with the ruling, issuing the following statement: “The claim brought by James McManus against the Newcastle Knights, which was managed by the NRL, has been finalised with the NSW Supreme Court ordering judgment for the Knights.”

“The NRL is pleased that this long-running matter has been resolved in the Knights’ favour.

“The NRL was confident in its defence of the claim under the Civil Liability Act and we are pleased that the matter could be resolved without further cost and expense for all parties.”

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