Player to sue for 'millions'
February 20, 2002

A player in Australia paralysed in a collapsed scrum is seeking millions of dollars in damages in a case that will test the limits of responsibility for all sports administrators.

The Australian reports that Peter Joseph Haylen, 40, was paralysed in 1982 when his second grade colts Sydney University pack collapsed in a scrum against the St George club in southern Sydney.

The former hooker is suing the NSW Rugby Union and the Sydney University Rugby Club for damages, alleging they knew the rules of the game exposed front-row forwards to unnecessary risk.

In a preliminary hearing in the NSW Supreme Court yesterday, Mr Haylen's lawyer, William Kearns, said changes to the laws after the accident forced opposing front rows to crouch, touch and pause before engaging, thus making scrums much safer.

Such laws were introduced as a safety precaution and if they were in place at the time of Mr Haylen's accident would have exposed the hooker to less risk, Mr Kearns said.

The NSWRU attempted to have the case struck out, citing a High Court judgment which ruled in favour of the International Rugby Football Board in a similar case involving two other NSW footballers injured in scrums in 1986 and 1987.

The High Court ruled the board had no duty of care because it was too remote from the administration of the game in NSW.

The court said danger was often part of the attraction for players, and the decision to participate was made freely -- and with autonomy came responsibility.

Mr Kearns is attempting to distinguish his client's case from the High Court ruling, claiming the NSWRU was propagating, controlling and organising the game in NSW.

NSW Supreme Court judge Clifford Einstein said the issues raised in the case could be applied across dangerous sports, including basketball, boxing or those at the Winter Olympics.

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