Lord Pityme Posted June 16, 2015 Report Share Posted June 16, 2015 With a simple scan of Scottish football most teams you would associate ourselves with have made signings, indeed even the new temp at Sevco is talking with his targets. So why have we failed to make one signing so far? Is it because the manager has hardly been in the country? Or could the likelihood be that McGinn's 'SpearGate' law suit is putting the BoD off agreeing contracts? I would find it hard to see the club's insurers paying out now for McGinn's stabbing as Thommo has gone public with the details of his prank, identifying he used a piece of equipment for something other than he had been instructed to use it for. That means either Thommo as an individual will be liable, or the club have to shell out what could easily be tens of thousands of pounds given Thommo's account, McGinn's length of absence, fitness, rehabilitation and possible medium to long term effect on a very short earning career. Has Thommo 'Speared' our signing campaign to the floor? Will it have most effect on the likelihood or not that he skewers himself a new offer? He sure has managed to peg out the misery of a dreadful season into the summer. What the fork was he thinking about? Quote Link to comment Share on other sites More sharing options...
class of 76-77 Posted June 16, 2015 Report Share Posted June 16, 2015 Knickerwetting season is now in full swing. Quote Link to comment Share on other sites More sharing options...
Lord Pityme Posted June 16, 2015 Author Report Share Posted June 16, 2015 (edited) Knickerwetting season is now in full swing.If you actually bothered to/can read the post most people can work out that its not that serious..... Perhaps someone can explain for you that 'Irony' is not something that you do with your dry 'laundry'..!That said this excerpt from a piece in the Herald says John is McGonner..! "The 20-year-old, who has since left the Paisley club, was spiked in the thigh with a training pole thrown by Steven Thompson at the team's training ground in April. McGinn missed the last five matches of the campaign and has taken the unusual step of suing his former employers over the incident." Have they got it right? Have his brothers already shown him the 'Road & The Miles' to Dun-no-win-no-fee-Dee....? Edited June 16, 2015 by Lord Pityme Quote Link to comment Share on other sites More sharing options...
pozbaird Posted June 16, 2015 Report Share Posted June 16, 2015 I actually thought the OPs final paragraph was funny. Seriously though, I am concerned that Ian Murray will lead us into the new campaign by making substitutions via Skype from his Orlando poolside sun lounger, and our starting XI will feature Div, Paisley Panda, Campbell Kennedy, the Buddie Good Food Van bloke, and a handful of multiple alias shite trolls. Get it sorted MacPherson. Quote Link to comment Share on other sites More sharing options...
Lord Pityme Posted June 16, 2015 Author Report Share Posted June 16, 2015 I actually thought the OPs final paragraph was funny. Seriously though, I am concerned that Ian Murray will lead us into the new campaign by making substitutions via Skype from his Orlando poolside sun lounger, and our starting XI will feature Div, Paisley Panda, Campbell Kennedy, the Buddie Good Food Van bloke, and a handful of multiple alias shite trolls. Get it sorted MacPherson. With big Yardley runn... Sorry trotting down the channels. Quote Link to comment Share on other sites More sharing options...
dakota7 Posted June 16, 2015 Report Share Posted June 16, 2015 The club have insurance to cover these things it's a non story. Quote Link to comment Share on other sites More sharing options...
DougJamie Posted June 16, 2015 Report Share Posted June 16, 2015 The club have insurance to cover these things it's a non story. Bud, no they don't, this wasn't an "accident" he didn't fall on the spear. It was thrown. Quite what Thommo was thinking about god knows and this will always stay with him. Some morons on here are stating its cause he wants away. Ok go to work tomorrow, get an object thrown at you , have to be off work and need rehab to put right----- then laugh it off as one of these things. Personally I hope Thommo is left high and dry by Club. He wants to stay, fact is he is past it. Legend yes, so was McGarvey but I don't want im up front either. Knickers untwisted Quote Link to comment Share on other sites More sharing options...
Lord Pityme Posted June 16, 2015 Author Report Share Posted June 16, 2015 The club have insurance to cover these things it's a non story. I doubt they have a insurance policy clause that overs them for 'senior pro's titting about'. Anyway Re: the post above Thommo has admitted he used the pole for a purpose other than what he had been instructed to use it for. If the insurers have gleaned that info from their investigation then theres little chance they will pay out. A bit like if after having passed a driving test, and with several years experience i used my car to nudge another car aside, but accidentally injured a bystander as a course of my actions. I knew i was using the car for an unauthorised and uncovered purpose in my policy. Quote Link to comment Share on other sites More sharing options...
BLF Posted June 16, 2015 Report Share Posted June 16, 2015 (edited) I would expect the policy to have us covered. The Club is responsible for providing a safe working environment, suitable supervision and training on the use of the equipment - arguably one or more of these things wasn't enforced adequately by the club and so John has a case against them and the club will be insured for such an event. The only question is how much of the compo do the club recover from Thommo by way of disciplinary. ETA: EL is not the same as your car insurance. Edited June 16, 2015 by BLF Quote Link to comment Share on other sites More sharing options...
Lord Pityme Posted June 16, 2015 Author Report Share Posted June 16, 2015 (edited) I would expect the policy to have us covered. The Club is responsible for providing a safe working environment, suitable supervision and training on the use of the equipment - arguably one or more of these things wasn't enforced adequately by the club and so John has a case against them and the club will be insured for such an event. The only question is how much of the compo do the club recover from Thommo by way of disciplinary. ETA: EL is not the same as your car insurance. When someone is trained to use equpment for a specific purpose, and knowingly uses it for something it is not designed for and the employee has never been asked to use it for this unsuitable purpose then any claim against that policy would be deemed invalid. If this is backed up by the victim and witnesses statements, coupled with the assailants statement we have all read where he states he knew he was wrong and at fault, there is not an insurer in the land who will payout, and lets face it the club are unlikely to be pushing too hard for a payout as their premium would go through the le. Sorry roof! Thommo has admitted liability, and has even part compensated McGinn with that win bonus! Edited June 16, 2015 by Lord Pityme Quote Link to comment Share on other sites More sharing options...
BLF Posted June 16, 2015 Report Share Posted June 16, 2015 When someone is trained to use equpment for a specific purpose, and knowingly uses it for something it is not designed for and the employee has never been asked to use it for this unsuitable purpose then any claim against that policy would be deemed invalid. If this is backed up by the victim and witnesses statements, coupled with the assailants statement we have all read where he states he knew he was wrong and at fault, there is not an insurer in the land who will payout, and lets face it the club are unlikely to be pushing too hard for a payout as their premium would go through the le. Sorry roof! Thommo has admitted liability, and has even part compensated McGinn with that win bonus! That's not how Employers Liability would work. Unless you are implying that Thommo deliberately injured Mcginn... Quote Link to comment Share on other sites More sharing options...
Lord Pityme Posted June 16, 2015 Author Report Share Posted June 16, 2015 That's not how Employers Liability would work. Unless you are implying that Thommo deliberately injured Mcginn... Employers liability does not stretch beyond reasonable training, information, and basic H&S awareness, when it can be proved an individual knowingly carried out and admitted a criminal act. Where theres blame there is a claim! Unfortunately not against an employers insurance policy in this case. The individual, despite training, information and code of conduct has carried out and admitted a criminal act. (Actual/Grievous Bodily Harm) Quote Link to comment Share on other sites More sharing options...
leolovesstmfc Posted June 16, 2015 Report Share Posted June 16, 2015 Facts are Thommo did this admitted it talked to the press and appologised for it! He paid John his win bonuses! I think that's the right way to deal with it! John came back from Holiday contacted a laywer and decided to sue! I think John could have shown some of Thommos attributes and given St.Mirren an honest answer on his contract offer before deciding sue! That's what doesn't sit right with me! I am more concerned about Thompson future than McGinn's! I think McGinn has treated the club who gave him his football education appallingly! And for the record St.Mirren have still receive a response on the contact offer!! Go for it people rip me a part someone slagged Sir McGinn but I don't want him at St.Mirren for the coming season! I do however want Thompson! Quote Link to comment Share on other sites More sharing options...
Lethal89 Posted June 16, 2015 Report Share Posted June 16, 2015 I would think the fact that McGinn has accepted payment from Thommo would seriously hamper any civil claim Quote Link to comment Share on other sites More sharing options...
exiledfan Posted June 16, 2015 Report Share Posted June 16, 2015 I wouldnt think that the compo would be so huge it stops us getting in players. For example losing a big toe will only get you between £20,000 and £40,000. A stab wound is likely to be much less than £10,000 as long as the club are smart enough to settle without the legal fees piling up. If we are talking about 10k being our transfer\wage budget then we are f**ked!!!!! Quote Link to comment Share on other sites More sharing options...
BLF Posted June 16, 2015 Report Share Posted June 16, 2015 I would think the fact that McGinn has accepted payment from Thommo would seriously hamper any civil claim As far as I am aware McGinn didn't accept any payment. Quote Link to comment Share on other sites More sharing options...
dr rotund Posted June 16, 2015 Report Share Posted June 16, 2015 Get Thompson and McGinn signed up ASAP. I haven't heard MCginn or Thompson say anything about not being able to play in the same team, so the best for everyone involved is to get them to sign new contracts and move on from this. John can still proceed with his claim, rightly so. Quote Link to comment Share on other sites More sharing options...
Lethal89 Posted June 16, 2015 Report Share Posted June 16, 2015 As far as I am aware McGinn didn't accept any payment. My misinterpretation, I read earlier he was given thommos win bonus, by Thommo. Quote Link to comment Share on other sites More sharing options...
zurich_allan Posted June 16, 2015 Report Share Posted June 16, 2015 Thommo has not committed a criminal act. There are no such crimes as GBH or ABH in Scotland, the equivalents would be either assault, serious assault, or aggravated assault. For all of these there has to be intention to assault, you can't be charged or convicted of the crime through reckless conduct. Quote Link to comment Share on other sites More sharing options...
Lethal89 Posted June 16, 2015 Report Share Posted June 16, 2015 Thommo has not committed a criminal act. There are no such crimes as GBH or ABH in Scotland, the equivalents would be either assault, serious assault, or aggravated assault. For all of these there has to be intention to assault, you can't be charged or convicted of the crime through reckless conduct. Yes you can culpable or reckless conduct. Quote Link to comment Share on other sites More sharing options...
zurich_allan Posted June 16, 2015 Report Share Posted June 16, 2015 (edited) Yes you can culpable or reckless conduct.Only if that is charged alongside another criminal act. I'm telling you now, that if the incident was to be passed on to the PF, it would be laughed out of the office. And even if it did somehow make it to court, a judge would laugh it out of the courtroom. There is absolutely zero chance of this ever resulting in a criminal conviction. Edited June 16, 2015 by zurich_allan Quote Link to comment Share on other sites More sharing options...
zurich_allan Posted June 16, 2015 Report Share Posted June 16, 2015 (edited) Pressed quote by mistake. Edited June 16, 2015 by zurich_allan Quote Link to comment Share on other sites More sharing options...
pozbaird Posted June 16, 2015 Report Share Posted June 16, 2015 Only if that is charged alongside another criminal act. I'm telling you now, that if the incident was to be passed on to the PF, it would be laughed out of the office. And even if it did, a judge would laugh it out of the courtroom. There is absolutely zero chance of this ever resulting in a criminal conviction. What if his performances last season were added to the charge sheet? Quote Link to comment Share on other sites More sharing options...
zurich_allan Posted June 16, 2015 Report Share Posted June 16, 2015 What if his performances last season were added to the charge sheet? Then a prison sentence is headed the way of around 15 members of our squad from last year!! Quote Link to comment Share on other sites More sharing options...
BLF Posted June 17, 2015 Report Share Posted June 17, 2015 Thommo has not committed a criminal act. There are no such crimes as GBH or ABH in Scotland, the equivalents would be either assault, serious assault, or aggravated assault. For all of these there has to be intention to assault, you can't be charged or convicted of the crime through reckless conduct. That's my view also - unless people are suggesting Thommo deliberately injured McGinn, this is a workplace accident, our EL will insure us against it. Quote Link to comment Share on other sites More sharing options...
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