Ex Richmond Tigers player Ty Zantuck cleared to pursue damages claim against club
Former AFL player Ty Zantuck can pursue his claim for damages against the Richmond Football Club after a Supreme Court justice granted his application for an extension of time.
Zantuck was diagnosed with suspected chronic traumatic encephalopathy - a fatal brain disease - in late 2021. He wants damages from Richmond for the management of on-field concussions suffered while playing 58 games for the club between 2000 and 2004.
Zantuck alleges Richmond failed in their duty of care to properly monitor and treat concussions or concussion symptoms.
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The 40-year-old also wants to sue Richmond over the management of a chronic back injury that left him in constant severe pain.
The former player alleges he was made to complete a summer training camp in 2002 after he was diagnosed with two stress fractures in his lower back.
Ty Zantuck playing for Richmond against Collingwood at the Melbourne Cricket Ground in 2004. Getty
Zantuck also claims Richmond doctors treated his back pain between 2002 and 2004 with injections of local anaesthetic and cortisone, as well as epidurals.
Zantuck was traded to the Essendon Football Club at the end of 2004 and played nine games with the Bombers before he retired at the end of the 2005 season.
He claims he has been unable to hold any stable employment since then because of his back injury.
There is a time limit for people to lodge personal injury claims, often no more than six years after the injury happened.
But after an application from Zantuck's lawyers, Associate Justice Mary-Jane Ierodiaconou on Tuesday ruled that he would be given an extension of time to pursue the damages claims.
She found while the claims were made "significantly out of time", the reason for the delay was understandable and reasonable.
The court was told Zantuck made attempts in 2006 and 2012 to lodge a claim for his back injury but he was advised by lawyers that it would be a waste of time.
Justice Ierodiaconou said Zantuck's life had been effectively "crippled" by his back injury and the alleged conduct by the club doctors was "egregious".
She also noted Zantuck was only diagnosed with his acquired brain injury in late 2021, with the consequences of such an injury likely to become more pronounced over time.
The Richmond Football Club and the two doctors at the centre of the claim will be given an opportunity to appeal the ruling.
The club declined to comment when contacted by AAP on Tuesday.
Greg Griffin, Zantuck's solicitor and principal at Griffins Lawyers, said the Supreme Court ruling was a terrific outcome.
"Ty has battled for years to have his case heard," Mr Griffin told AAP.
"It's a great relief for Ty and provides the opportunity for his case to be heard and determined in the Supreme Court."
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