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RW
Distinguished Gentleman of the Post
Joined: 18 Oct 2007
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Location: Seat 10, Row 8, Section 226B
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 Posted: Mon May 12, 2008 12:09 pm Post subject: Ted Lindsay: Konstantinov could have been the greatest D-man |
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At the civil trial of a car dealership that sold the limosine that Red Wings defenseman Vladimir Konstantinov and team massuer Sergei Mnatsakanov were seriously injured in, Ted Lindsay testified to the jury that Konstantinov could have been the greatest defenseman of all time if his career had not been cut short by the accident.
http://detnews.com/apps/pbcs.dll/article?AID=/20080512/METRO/805120407
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Jyrki21
Rebel Sell + Moneyball = Life
Joined: 18 Oct 2007
Posts: 1968
Location: Ottawa, ON
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| Posted: Mon May 12, 2008 12:17 pm Post subject: |
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How did this trial take a decade to get under way? Was a manufacturer's defect only just discovered?
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saskhab
'03-'04 Goalie Profiles Coming Soon!
Joined: 17 Oct 2007
Posts: 3754
Location: Saskatoon!
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| Posted: Mon May 12, 2008 12:29 pm Post subject: |
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"It's better to burn out than to fade away"
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"Oh my God. There she is. Lovely Sally Slater. I should speak to her. But what the hell can I say? Anything that doesn't mention that I masturbate over her memory is probably a good idea."
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Bosc Ulrich II
OTP Resident Historian
Joined: 18 Oct 2007
Posts: 3419
Location: Sweetest lid in the league
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| Posted: Mon May 12, 2008 12:46 pm Post subject: |
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| Jyrki21 wrote: |
| How did this trial take a decade to get under way? Was a manufacturer's defect only just discovered? |
Yeah I think this one is to do with the manufacturer. The driver already served 9 months in jail.
I forget who said it, but someone said that Vladdy was built like a brick wall. You ran into him, and there was just no give at all. And Fatty Tkachunk said that if you had 20 of him you'd win the Cup every year. I miss Vladdy   It was awesome seeing him walking under his own power with a walker at Yzerman's retirement celebration though.
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RW
Distinguished Gentleman of the Post
Joined: 18 Oct 2007
Posts: 377
Location: Seat 10, Row 8, Section 226B
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| Posted: Mon May 12, 2008 1:28 pm Post subject: |
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| Jyrki21 wrote: |
| How did this trial take a decade to get under way? Was a manufacturer's defect only just discovered? |
This is a last gasp attempt to obtain some form of settlement from somebody by Knostantinov;s legal team. The limosine company, The limo driver, and everyone else directly involved has lost their case and then promptly filed bankruptcy. The dealership is being sued on the weakest of claims. It is alledged that they installed the passenger area seat belts incorrectly. The wekness comes because the dealership sent the car onto a specialty shop that turned it into a luxury limosine so the dealership can claim they were the ones who altered the seat belts. I think the specialty shop lost and filed bankruptcy also. I really do not see Konstantinov winning this case. The dealership is located in Ohio and any connections to the accident are tenuous at best.
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Jyrki21
Rebel Sell + Moneyball = Life
Joined: 18 Oct 2007
Posts: 1968
Location: Ottawa, ON
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| Posted: Mon May 12, 2008 2:45 pm Post subject: |
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| RW wrote: |
| This is a last gasp attempt to obtain some form of settlement from somebody by Knostantinov;s legal team. The limosine company, The limo driver, and everyone else directly involved has lost their case and then promptly filed bankruptcy. The dealership is being sued on the weakest of claims. It is alledged that they installed the passenger area seat belts incorrectly. The wekness comes because the dealership sent the car onto a specialty shop that turned it into a luxury limosine so the dealership can claim they were the ones who altered the seat belts. I think the specialty shop lost and filed bankruptcy also. I really do not see Konstantinov winning this case. The dealership is located in Ohio and any connections to the accident are tenuous at best. |
But was something about the circumstances only recently discovered? Otherwise the limitation period would have long since run out (a quick Google search suggests that in Michigan the limitation period for personal injury is 3 years. 2 years in Ohio). Limitation periods are usually subject to a doctrine of discoverability, though.
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RW
Distinguished Gentleman of the Post
Joined: 18 Oct 2007
Posts: 377
Location: Seat 10, Row 8, Section 226B
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| Posted: Mon May 12, 2008 4:34 pm Post subject: |
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| Jyrki21 wrote: |
| RW wrote: |
| This is a last gasp attempt to obtain some form of settlement from somebody by Knostantinov;s legal team. The limosine company, The limo driver, and everyone else directly involved has lost their case and then promptly filed bankruptcy. The dealership is being sued on the weakest of claims. It is alledged that they installed the passenger area seat belts incorrectly. The wekness comes because the dealership sent the car onto a specialty shop that turned it into a luxury limosine so the dealership can claim they were the ones who altered the seat belts. I think the specialty shop lost and filed bankruptcy also. I really do not see Konstantinov winning this case. The dealership is located in Ohio and to find any connections to the accident are tenuous at best. |
But was something about the circumstances only recently discovered? Otherwise the limitation period would have long since run out (a quick Google search suggests that in Michigan the limitation period for personal injury is 3 years. 2 years in Ohio). Limitation periods are usually subject to a doctrine of discoverability, though. |
First. it's a federal case not a state tort action. It obviously passed the limitations test in that venue because it is being heard in Federal Court in Detroit. The case has been working it's way through litigation since 2004 and only now has made it to the court room. The following article can probably explain it better than I...
http://www.metrotimes.com/editorial/story.asp?id=12793
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