Spaniards facing $14 million payout

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    <div class='quotetop'>QUOTE </div><div class='quotemain'>RAPTORS LAWSUIT
    TheStar.com | NBA | Spaniards facing $14 million payout
    Spaniards facing $14 million payout

    Toronto wants $9M if Garbajosa's career over, plus $5M in damages
    Mar 18, 2008 04:30 AM
    Rick Matsumoto
    Sports Reporter

    The Toronto Raptors' lawsuit filed last week against the Spanish basketball federation could amount to more than $14 million (Canadian) the club claims it is owed on an insurance policy involving injured forward Jorge Garbajosa.

    The Raptors' parent company, Maple Leaf Sports and Entertainment Ltd., filed a statement of claim against the Federacion Espanola de Baloncesto in the Ontario Superior Court of Justice last Friday.

    In the 19-page document, MLSE seeks six million euros ($9,397,911 Canadian) in damages for breach of contract, negligent misrepresentation and negligence if Garbajosa has suffered permanent disability, or 1.5 million euros ($2,349,478 Canadian) for temporary disability.

    Garbajosa, who earned $3,416,667 (U.S.) last season, is to earn $3,666,667 for the current NBA season and $3,916,666 for 2008-09.

    "He was a hard-working player and a solid defender and his absence from the starting lineup is a significant loss to the team," the Raptors stated in their claim.

    MLSE is also asking for $5 million (Canadian) in punitive damages.

    Garbajosa injured his left leg last March and missed the final 12 games of the season and playoffs. The Raptors wanted him to concentrate on rehabilitation rather than playing for Spain in last summer's European championships.

    But when the Spanish federation persisted in its request that the Raptors allow him to play, the team agreed only after the Spaniards took out a $1 million (U.S.) insurance policy against further injury to Garbajosa's leg, the claim states.

    The suit states that the federation advised the Raptors it had obtained permanent disability coverage in the amount of six million euros and 1.6 million euros for temporary disability. While the policy was written in Spanish, the federation agreed to provide an accurate and certified translation, according to the Raptors' allegations that have yet to be proven in a court of law.

    While Garbajosa did not seem to reinjure his leg in the tournament, it was apparent he was having difficulty with it as the current NBA season began in November. In December, tests showed the fracture had not completely healed and he was also suffering from avascular necrosis of the left tibia, a potentially career-ending injury, according to doctors.

    He underwent further surgery and has not returned to the Raptors' lineup, although he has started to work out with the team. The Raptors made a claim under the terms of the insurance policy, but it was denied by the insurance company. In the suit, the Raptors say the translation of the Spanish policy was inaccurate and incomplete and are now without coverage for the disability of Garbajosa.</div>

    http://www.thestar.com/Sports/NBA/article/347151
     

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