Former NHL linesman Don Henderson is suing Calgary Flames forward Dennis Wideman for $10.25MM, reports CTV’s Chris Epp. The suit stems from the on-ice incident on January 27, 2016 where Wideman hit Henderson as Wideman was skating to the bench. The NHL initially suspended Wideman for 20 games before a neutral arbitrator reduced it to 10. Henderson also added the Calgary Flames as a defendant alleging that the team is vicariously liable for Wideman’s conduct.
Henderson’s suit—filed in Calgary, Alberta—alleges that as a result of Wideman’s hit, Henderson suffered numerous injuries including a concussion, neck injury, knee injury, and pain, numbness, and tingling in his right arm. The suit also alleges that those injuries directly impacted Henderson’s ability to continue to referee. Henderson seeks $10MM for lost income and future earnings, $200K for general damages, and $50K for special damages. It is unclear whether this is in Canadian or American funds.
Civil lawsuits stemming from professional sporting events are tricky to analyze. In contrast with normal civil suits alleging assault, battery, or negligence, professional sports participants face the added burden of disproving consent and assumption of risk. The basic premise is that a professional sports participant understands the risk of his or her position and consents to physical contact. It is why NHL players cannot sue each other for hits occurring during an NHL game.
That is not to say, however, that participants are prohibited from filing civil suits. Depending on the court, a party can successfully claim that the injury occurred was so out of the realm of what was expected that consent and assumption of risk do not apply. It is a tougher burden to prove, but it is not impossible.
According to Rick Westhead, Wideman has 30 days to file a statement of defense. So far both Wideman’s camp and the Calgary Flames have declined to comment.
This is ridiculous.
Wow. Ambulance chasing lawyer to the rescue.
I know we’re way too litigious of a society… but, this was bad. Getting smoked from behind isn’t part of a ref’s job description, and he hasn’t been back to work since.
How much do refs make that he is citing $10 million in lost income and future earnings? I get that refs probably get bonuses for the playoffs and probably for having good officiating grades, but I find it hard to believe that he is going to be losing out on roughly $10 million in potential salary/earnings through the rest of his career.
Henderson is 48 years old right now. He has been officiating NHL games for 22 years. That also makes him one of the highest linesmen being paid. The salary tops out at $120,000 per year. Plus $12,000 per playoff series they officiate. So leta be fair and say he officiates for 8 more years (56 years old). He would make $860,000 plus 12 or so playoff series appearances. There are plenty of refs who’re 50 years or older still skating.
So he should be seeking $1 million and not $ 10 million in lost future earnings.
He’s getting as much money as he can. Can’t say I blame him, but I think it’s an uphill battle.
Civil court is like free agent negotiations. Aim high to encourage an out-of-court settlement.
Thanks for that clarification. Tried looking up myself but found a lot of old and conflicting stories about ref salaries. And I didn’t doubt refs officiate into their 50s and I’m sure 60s if they still feel in shape, but $10 million felt like a lot unless he planned on officiating into his late 60s-early 70s. I understand him setting the bar high but it’d be crazy if he gets awarded more than $5 million (and even that might be high) in lost income.