Kings Suing Over Francisco Garcia Exercise Ball Injury
by Tom Ziller on Nov 30, 2010 11:29 AM PST
in News
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PrintThe Sacramento Kings will on Wednesday announce a lawsuit over guard Francisco Garcia's 2009 injury suffered when he was lifting weights on an exercise ball.
Garcia broke his arm after an exercise ball he was laying on exploded. Garcia had been lifting dumbbells while balancing on the ball. The Kings said at the time he had been spotted by a team trainer.
The injury knocked Garcia out of much of the 2009-10 season. The wingman played just 25 games. The Maloof vowed a lawsuit, and banned exercise balls from the team's training room.
The lawsuit will be filed in federal court. It will be formally announced at a 10:30 AM PT press conference Wednesday. It is not immediately clear whether the Kings are suing the maker of the ball or the vendor who sold it to the team. It is also unclear whether the franchise is looking to recover just medical costs stemming for Garcia's surgery and recovery, or whether the Kings will also seek to recover some or all of Garcia's 2009-10 salary.
Garcia earned $5.8 million in the 2009-10 season.
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I disagree
I think every NBA team would do this. Either the ball malfunctioned, or the team was told it could be used for this function when it couldn’t, or the Kings screwed up and are covering their own asses.
My only question is, why now?
Rocks are free, and slingshots easily stolen. And for a limited time, every third person who follows me on Twitter (andy_sims) gets a free ice cream cone.
Which I will eat.
statute of limitations
I predict JT will never breathe through his nose.
by wallywagon11 on Nov 30, 2010 11:40 AM PST up reply actions
Oh, geez.
Not all lawsuits are frivolous, you know. Or do you know something about this case that we don’t?
"If you're going to lead the orchestra, you have to turn your back on the audience." -Geoff Petrie
by AnotherStupidSN on Nov 30, 2010 12:20 PM PST up reply actions
What a frivilous comment...
…made by the Hall of Fame All-Time champion of frivilous commenting.
EvilCowtownInc: Screwin Suckaz over since 1985...... On Twitter
No mistakes in the tango, Donna. Not like life. Simple. That's what makes the tango so great. If you make a mistake, and get all tangled up, you just tango on.....
Understatement of the year.
"That might've been a little push, but that was a major flop. That would make Vlade Divac very proud." - Jerry Reynolds
Hey look, an area I have knowledge in.
I used to work in medical supplies, the exercise ball case is going to come down to the weight limit. Most of the balls I sold had a 250-300 lb max. They can go higher, and I can’t remember if we ever found out if this was a heavy duty ball, but if the ball in question was a normal grade exercise ball then the Kings don’t have much of a case. Cisco plus the weights would probably have put him over the normal weight limit for those things. It could also be a case of a trainer grabbing the wrong ball if they were aware of the weight limits.
But if they were on the heavy duty balls and Flacco wasn’t lifting much weight, then this case probably gets settled out of court and the Maloofs get some nice coin out of the deal.
Dip til I rip
by Muff209 on Nov 30, 2010 11:58 AM PST via mobile reply actions
He was lifting 90 lb dumbbells in each arm if I recall correctly
And he weighs about 195. Also, as a professional basketball team, I’m sure the Kings didn’t just have normal grade medicine balls, since most NBA players are 200+ pounds by themselves, with big men getting up to 250+ easily.
Author of the Pick and Scroll. Follow me on Twitter here.
but
he’s not standing on the ball when he is lifting – so his full body weight shouldn’t be counted. you got 180 for the weights he’s lifting plus the portion of his body on the ball – basicallly his torso. so we are talking 250 lbs or so of total weight on the ball.
i point this out only because i’m sick of talking about PW, DMC, losing etc. and i’d like to lose myself in other thoughts that are completely meaningless.
Not so sure if that is it
There are several theories of liability such as strict liability, negligence, implied warranites, and representation/express warranties. The facts matter (was this medicine ball bought from a commercial supplier? How was the product defective? Was it a design defect and does it fall under the consumer expectation test or the feasibility test? Or was it a manufacturing defect or just inadequate warnings? Was the defect there when it left the company’s control? Was there actual and proximate causation? Are they suing the manufacturer because they might have to show a duty being breached if they file a negligence case. If it is a warranty case was there an affirmative represtantion being made, is this an issue of warranty of merchanability or warranty of fitness for a particular purpose?) and we don’t really know them.
I predict JT will never breathe through his nose.
by wallywagon11 on Nov 30, 2010 12:12 PM PST up reply actions
When this lawsuit is filed,
I hope they inlude a little sumpin’ sumpin’ for pain and suffering for the fans that had to suffer through what would have otherwise been a successful season had Garcia not been hurt. (Supressess own laughter)
SACTOWN ROYALTY - Try our thick creamy shakes!
by section214 on Nov 30, 2010 12:11 PM PST reply actions 1 recs
This one may blow up in their face
but the exercise ball industry has big balls, and will bounce back.
Dunking Dutchman
by RikSmits on Nov 30, 2010 12:13 PM PST reply actions 4 recs
/insert Luther Head joke
People ask me what I do in winter when there's no baseball. I'll tell you what I do. I stare out the window and wait for spring. ~ Rogers Hornsby
by otis29 on Nov 30, 2010 12:14 PM PST up reply actions 3 recs
next can they sue geoff petrie for signing him to that extension?
At USC we're not snobs, we're just better than you.
Oh I see how it is Ziller
You continue to produce your vile “Fire Westphal” propoganda with this, as he is the medicine ball, and our team is Cisco, and using it as an allegory about how everything is falling apart. And as for the lawsuit, that’s probably something to do with fining DMC.
You sicken me.
Author of the Pick and Scroll. Follow me on Twitter here.
by Aykis16 on Nov 30, 2010 12:25 PM PST reply actions 9 recs
LOL
Ziller’s writing – it’s a riddle, wrapped inside an enigma, hidden behind a Samsung Hi-Def television.
People ask me what I do in winter when there's no baseball. I'll tell you what I do. I stare out the window and wait for spring. ~ Rogers Hornsby
by otis29 on Nov 30, 2010 12:32 PM PST up reply actions 10 recs
This is gold
I predict JT will never breathe through his nose.
by wallywagon11 on Nov 30, 2010 12:52 PM PST up reply actions
HAS YOUR EXPERIENCE NOT BEEN ENHANCED?!?
Author of the Pick and Scroll. Follow me on Twitter here.
by Aykis16 on Nov 30, 2010 12:53 PM PST up reply actions 8 recs
You're talkin' McElroy, lead singer, drivin' the Winnebago
You’re gonna look pretty funny tryin’ to post around here with no f*ckin’ teeth!
You both deserved a “Good Ole Boy” rec’n, I reckoned.
SACTOWN ROYALTY - Try our thick creamy shakes!
This thread is quickly becoming golden.
"Cousins is the Blaster to Evans’ Master, the Hammer to Evans’ Sickle"- HP
DMC reminds me
of Joakim Noah. Wasn’t he so passionate and frustrated early in his career that he got into arguments with teammates and got thrown from practice? His play has taken a turn for the better.
I’m sure DMC will be fine.
Dunking Dutchman
by RikSmits on Nov 30, 2010 1:08 PM PST reply actions 7 recs
Good analogy though
So imitate the action of the tiger!.
Lend the eye a terrible aspect
- and teach them how to war!
Henry V iii
by lietothegirls on Nov 30, 2010 1:14 PM PST up reply actions
Inadvertent threadjack notwithstanding,
Rec’d for the hope that it inspires.
SACTOWN ROYALTY - Try our thick creamy shakes!
Good comparison, and yes Noah grated on a few of his teammates
I hope you’re right. The one thing that hasn’t been in question with Noah is his motor though.
So we’ll see.
People ask me what I do in winter when there's no baseball. I'll tell you what I do. I stare out the window and wait for spring. ~ Rogers Hornsby
Burden of proof
I wonder how the Maloof’s lawyers are going to prove this case. Do they still have the ball in question? If I was the ball company I’d be thinking it was negligence by Cisco or the trainer that was the cause like maybe a foreign object was lodged under the ball making it pop.
Sound the trumpets, Raise the drawbridge, and drop the Oldsmobile
by Balky Needs on Nov 30, 2010 2:02 PM PST up reply actions 1 recs
how do you spot a guy lifitng two dumbells?
speaking of dumbells…..grant….aileen…..blah, blah, blah, what happened to mike lamb?
fattrucker
glad I am not the only idiot who asked the same question
was completely clueless how someone was spotting him
I predict JT will never breathe through his nose.
This sounds like a great opener for a joke
Are they Polish dumbells?
It can be done, though. If someone is lifting heavy dumbells, you provide the spot behind and below the triceps with your hands, palms up. The idea is to not let the weightlifter drop too low on the decline. You may also insist the individual at the end of the set with the weights, helping to prevent strain to the arms and chest.
SACTOWN ROYALTY - Try our thick creamy shakes!
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