Scott Fava sues former Waratahs physio

[BPC]

There also must be some chance that Fava contributed to his slipped disc when he threw the quokka.

I know I put my back out when I went quokka tossing.

9. In answer to the entirety of the pleading, the defendant alleges that the plaintiff negligently contributed to any injury, loss or damage suffered.

Particulars

(a) Tossing a quokka, or quokkas, in a careless or reckless fashion
(b) Failed to use safe lifting practices when tossing the quokka
(c) Failed to use any, or any appropriate, aids when tossing the quokka including, but not limited to, a weight lifting belt
(d) Failed to warm up, or failed to warm up adequately, before the physical exertion involved in tossing the quokka
(e) Failed to warm down, or failed to warm down adequately, after the physical exertion involved in tossing the quokka
(f) Failed to seek appropriate physical treatment or therapy after tossing the quokka
(g) Selecting a quokka, or quokkas, too heavy for the plaintiff to toss safely
(h) Engaging in quokka tossing when the plaintiff knew, or ought to have known, that injury may occur
(i) Failing to take proper care for his own safety and wellbeing when engaging in quokka tossing
(j) Failing to undertake any, or any adequate, training in quokka tossing before undertaking the activity of quokka tossing



Yes, it is a slow day at work

 

[Braveheart81]

I'm pretty sure Fava warmed up his arm a lot before tossing the quokka.

I imagine he spent most of the day lifting beer bottles towards his mouth before said quokka tossing.

 

[cyclopath]

The obvious question is why the quokka has not been sued as a contributory factor in said injury process. For all we know, the quokka had squeaked consent, then failed to co-operate fully in said tossing. Notoriously recalcitrant marsupial, the quokka.

 

[Hugh Jarse]

There also must be some chance that Fava contributed to his slipped disc when he threw the quokka.

I know I put my back out when I went quokka tossing.

Perhaps similar could be used to explain some aspects of the Soap Dodger's poor performance at RWC11 following their Queenstown Dwarf Tossing activities.

 

[Braveheart81]

The obvious question is why the quokka has not been sued as a contributory factor in said injury process. For all we know, the quokka had squeaked consent, then failed to co-operate fully in said tossing. Notoriously recalcitrant marsupial, the quokka.

That claim was made however Fava couldn't identify which quokka had consented when presented with a lineup.

He also got accused of racism after saying they all looked the same.

 

[Inside Shoulder]

The s15 season needs to start very soon

 

[BDA]

I suspect that was a summons/subpoena returnable on that date, potentially requiring the production of documents or the presence of a third party to given evidence.

The answer to the question of "why was settlement disclosed" is as simple as this:-
1. The matter was returnable in Court on the 23rd;
2. The parties would have attended court on the 23rd and advised the Court that the parties had reached a settlement and that proceedings could be discontinued;
3. Media was likely present in Court on that date.
4. The media reported on the settlement but provided no details of the settlement.
5. The only details provided are the allegations contained in the Statement of Claim.
6. Pleadings in a proceeding are PUBLIC RECORDS. Anyone can access them (at the Court's discretion).

BTW - most settlement deeds have clauses refuting liability. (i.e. the parties do not admit fault in the deed).

 

[BPC]

The obvious question is why the quokka has not been sued as a contributory factor in said injury process. For all we know, the quokka had squeaked consent, then failed to co-operate fully in said tossing. Notoriously recalcitrant marsupial, the quokka.

Well, in that case the quokka should have been named as a concurrent wrongdoer pursuant to the proportionate liability regime (Part 4 of the Civil Liability Act 2002).

 

[Inside Shoulder]

Im going to get a mandatory injunction requiring Sanzar to start the bloody thing tonight

 

[The Red Baron]

I suspect that was a summons/subpoena returnable on that date, potentially requiring the production of documents or the presence of a third party to given evidence.

The answer to the question of "why was settlement disclosed" is as simple as this:-
1. The matter was returnable in Court on the 23rd;
2. The parties would have attended court on the 23rd and advised the Court that the parties had reached a settlement and that proceedings could be discontinued;
3. Media was likely present in Court on that date.
4. The media reported on the settlement but provided no details of the settlement.
5. The only details provided are the allegations contained in the Statement of Claim.
6. Pleadings in a proceeding are PUBLIC RECORDS. Anyone can access them (at the Court's discretion).

BTW - most settlement deeds have clauses refuting liability. (i.e. the parties do not admit fault in the deed).

Wasn't the Quokka a third party?

 

[Cat_A]

Threads that end up like this are GAGRs raison d'être! Thanks to all involved.