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Old 10-08-2008, 01:40 PM   #151
Ryan Jones
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Re: Lawsuit brought against CF affiliate

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Originally Posted by Sean Dunston View Post
For those of you who are interested, I do not take a position on Mimms and whether he got Rhabdo. It is undisputed that he did have Rhabdo and that it was a pretty bad case.

The real issue of the case is whether the trainer (and by extension the Affiliate, and further extension, the Globo in which the Affiliate was located) should have known and warned him that the workout could have given him Rhabdo. And if so, then whether the injuries he received as a result of the workout were proximately caused by the trainer conducting the workout (and everyone else involved), or if Mimms contributed to his own injuries by not stopping the workout when he felt fatigued, even fell down, but made the conscious decision to continue the workout on his own because he "only had one more set [round] left."

I'll get more into that later.

Sean

And what about proving that the rhabdo was caused by the workout, considering that it can be caused by any number of other things such as drug use, alcohol use, virus, and crushing trauma (if I remember the other causes correctly), all of which are more common causes of rhabdo than exercise.
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Old 10-08-2008, 01:47 PM   #152
Sean Dunston
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Re: Lawsuit brought against CF affiliate

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Originally Posted by Ryan Jones View Post
And what about proving that the rhabdo was caused by the workout, considering that it can be caused by any number of other things such as drug use, alcohol use, virus, and crushing trauma (if I remember the other causes correctly), all of which are more common causes of rhabdo than exercise.
For some reason the cause of his Rhabdo did not seem to be in dispute during the case - this may have been settled in pre-trial motions or some other agreement between the parties of which I was note privy. I say this because there was not a lot of evidence put on to PROVE he got Rhabdo from it, nor was there much of a defense to say the work out COULD NOT have caused it or might not have caused it.

There were party admissions early on, stating that Rhabdo can occur from CrossFit workouts... of course, this was told to Makimba's wife AFTER she called the gym and told the head trainer Makimba was in the hospital.
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Last edited by Sean Dunston : 10-08-2008 at 01:50 PM.
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Old 10-08-2008, 01:55 PM   #153
John Frazer
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Re: Lawsuit brought against CF affiliate

Did anyone else notice this comment from Coach in the Mike Boyle thread? Was he misstating which side he was asked to help on?

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There are two lawsuits involving CrossFit. In one we've been asked to work with the plaintiffs lawyers as experts. Our Rhabdo awareness pieces are listed among the expert witness documents for the case. This is the one that Boyle and friends are referring to. Mike Boyle's insinuation that this is a case against CrossFit is unethical, incorrect, uneducated, and irresponsible. It's also typical of Mr. Boyle. (As an aside, I also suspect that the case is fraudulent and entirely inspired by the NY Times article.)

The second case involved a kid who hurt his knees doing back flips ...
(Emphasis added.)

Was the first one the Mimms case? Doesn't seem to make sense.
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Old 10-08-2008, 02:20 PM   #154
Sean Dunston
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Re: Lawsuit brought against CF affiliate

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Originally Posted by John Frazer View Post
Did anyone else notice this comment from Coach in the Mike Boyle thread? Was he misstating which side he was asked to help on?

Was the first one the Mimms case? Doesn't seem to make sense.
John-
I don't know the particulars, but I am familiar with what you are quoting and the fact that Coach indicated in several places (including CF Radio interview) that he was contacted by Plaintiff's counsel to be experts in the case.

CrossFit was not a party in the case. No person from CFHQ (or any other place in an official capacity on behalf of CF) was present at the case testifying as an expert, nor were any articles from the CF Journal allowed to be introduced as evidence by the parties - having been deemed that the probative value of the articles was outweighed by the potential prejudicial effect of Uncle Rhabdo and Pukie the Clown (and the Skull and Crossbones) would have on the Jury, and the Journal was deemed to not be authoritative because it was not a scientific, peer-reviewed journal.

Hey - I have to get back to work guys. I am probably not going to post much more on this thread. I told Coach I would work on an article, and I am going to do that. Any time I waste here, I could be using to write the article instead. I am going to write an article as soon as possible and submit it for publication in the CrossFit Journal. I am not offended or dissuaded by the fact that the Prince William County Circuit Court does not think highly of the publication. I think it is great, and I am happy to try to contribute to it.
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Last edited by Sean Dunston : 10-08-2008 at 02:29 PM.
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Old 10-08-2008, 05:46 PM   #155
John McBrien
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Re: Lawsuit brought against CF affiliate

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Sean, thanks. Your observations confirmed that a) the Makimba workout was indeed what he claimed broke him, and b) his lawyers are shysters, regardless of whether Makimba suffered real injury. I'm intrigued that the reported rhabdo came from his quadriceps, not the usual site of rhabdo that we're familiar with.

For the rest of us, note the shysters' use of the Navy captain's silly statements. This is exactly what Glassman was concerned about back in that very long thread regarding the captain's ignorant statements--he becomes cited as an "authoritative" source on Crossfit by virtue of his rank and position, and his reckless comments left unchallenged or unmocked can and will be used to damage the reputation of Crossfit.
David, where was the thread where Coach talked about the Captain's comments? I never had a chance to see his response.
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Old 10-09-2008, 03:58 AM   #156
David Gray
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Re: Lawsuit brought against CF affiliate

John, not to stiff-arm you, but it was back in April or May, IIRC--within a month of the cover story on Crossfit on Navy Times. Hit the archives and scroll through, you won't miss it when you see it. There were 700+ comments on it, too, but I think if you do a page search for "coach" you'll find his comments pretty quickly. At least, I assumed "coach" on this board was Coach Glassman, please correct me if I'm wrong.
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Old 10-09-2008, 05:55 AM   #157
Darrell E. White
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Re: Lawsuit brought against CF affiliate

The lawsuit in which CF was witness for the plaintiff was a different case, not the Mimm case.
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Old 10-09-2008, 06:15 AM   #158
Russell Mullen
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Re: Lawsuit brought against CF affiliate

I wonder how much he actually gets after the lawyers take their cut.
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Old 10-09-2008, 06:43 AM   #159
Jeff R Tucker
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Re: Lawsuit brought against CF affiliate

I hate the wussification of America! I would fight this crap through the courts all the way to the highest court.

Personal accountability has got to come back to the American fold on every level!
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Old 10-09-2008, 07:45 AM   #160
Sean Dunston
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Re: Lawsuit brought against CF affiliate

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Originally Posted by Russell Mullen View Post
I wonder how much he actually gets after the lawyers take their cut.
I have no idea Russell.
I used to share office space with a small firm that did some PI work.
They would take 1/3 of the $$$ if it settled before trial or 1/2 of the $$$ if it went to trial.

Based on that (which could be off base, of course) the Plaintiff's attorneys could have received $100,000 to $150,000 for this verdict - leaving Plaintiff with either $200,000 or $150,000.
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