NHLPA wants Boogaard suit dismissed
The National Hockey League Players’ Association is asking a judge to dismiss a multimillion-dollar lawsuit filed by the family of late NHL player Derek Boogaard.
The lawsuit, which accuses the players’ union of failing to pursue a potential financial claim with the league following Boogaard’s death in May 2011, seeks the $4.8 million that was still outstanding on his last contract with the New York Rangers and a further $5 million in punitive damages.
Also named in the suit is one of the union’s in-house lawyers, Roman Stoykewych.
Boogaard, born in Saskatoon and a former Regina Pat, spent several years as the NHL’s top fighter before his career was derailed by injury and substance abuse. He died in his sleep after ingesting a lethal mix of drugs and alcohol.
The lawsuit alleges “that at numerous times during his professional hockey career, to cope with injuries and pain and simply to be able to play or sleep after games, Derek Boogaard was prescribed or injected with a multitude of narcotics and sleeping pills by both the team doctors, physicians, trainers and dentists of the New York Rangers and Minnesota Wild,” adding Boogaard subsequently became addicted to the drugs.
It also says Boogaard was suffering from severe brain damage brought on by years of hockey-related head trauma.
The lawsuit targets the union, however, not the teams, alleging the PA breached its duty of fair representation by not filing a grievance with the league over the unpaid money remaining on Boogaard’s con- tract before the window for such a move closed.
None of the allegations have been proven in court, and on Monday the PA filed its response and proposed the motion to dismiss.
“No party disputes that the death of Derek Boogaard was a tragedy,” reads a memorandum filed with a California court Monday.
“That tragedy, however, does not suspend the requirements of timeliness, jurisdiction and the laws that govern labour organizations like the NHLPA and union counsel like Stoykewych, all of which mandate dismissal of the First Amended Complaint.”
The memo argues the statute of limitations for the Boogaards’ claim against the union has expired and that, regardless, the union notified the family it didn’t believe there was a legal basis for filing a grievance with the league because there aren’t any provisions in the NHL’s collective bargaining agreement for continuation of benefits after a player dies (only if he is injured and unable to play).
It also points out NHL clubs do maintain group life insurance benefits and claims “substantial insurance payments were made to the Boogaards.”
Boogaard played his last NHL game at Scotiabank Place in Ottawa on Dec. 9, 2010. He had to leave after suffering a concussion and broken orbital bone in a fight with then-Ottawa Senators tough guy Matt Carkner.