Connect with us

Articles of 2005

Boxer Dies With Impunity

Published

on

When Beethavean Scottland, a 26-year-old light-heavyweight from North Brentwood, Maryland, was beaten into a coma by George Khalid Jones on June 26, 2001 aboard the USS Intrepid, an aircraft carrier/war museum dry-docked on the Hudson River, it send shock waves through the New York boxing community. Fingers pointed, tongues wagged, wrists got slapped, the state got a new commissioner, who rearranged the furniture, and it was back to business as usual.

At the time it looked like those who might have been responsible for the boxer’s death got off scot-free.

And now it’s official.

Last week Manhattan Supreme Court, Justice Sherry Klein Heitler dismissed a negligence lawsuit filed by Beethavean Scottland’s widow Denise against the two ringside physicians presiding that night, Drs. Gerard Varlotta and Rufus Sadler. The suit alleges, not unreasonably, that her husband was “unreasonably and violently pummeled” during the fight. But after lawyers for the doctors argued that the suit was alleging medical malpractice, and not medical negligence, and that the statute of limitations for such a claim had expired, the judge agreed and threw the case out of court.

“The court finds,â€? Judge Heitler wrote in Scottland v. Duva Boxing, 109169/04, “the physician defendants were retained as ringside physicians in their capacity as physicians, and they were charged with the duty to exercise reasonable medical care to provide an ongoing medical diagnosis of the boxing participants’ physical condition throughout the match. This holding is consistent with the boxer’s reasonable expectation that a ringside physician will call the match if necessary to protect his or her well-being, as well as attend to any injuries the boxer sustains during the match.”

Scottland’s wife initiated the present action on June 21, 2004, a week short of the third anniversary of the bout. The timing of the filing became crucial, as it fell within the three-year statute of limitation for personal injury claims, but outside the two-and-a-half-year statute for medical malpractice claims.

Separate actions against New York State, the New York State Athletic Commission, and Duva Boxing are ongoing in the Court of Claims, according to an attorney for the plaintiff.

“In sum,â€? concluded Judge Heitler, “the court’s review of the applicable regulations leads it to conclude that the Legislature’s primary purpose in requiring the presence of ringside physicians, in addition to the referee and other personnel, is to ensure the safety of the match participants. In this regard, this case falls outside the rubric of those cited by plaintiff for the proposition that no physician-patient relationship existed between Scottland and defendants. In essence, then, plaintiff’s claims against [the defendants] sound in medical malpractice and have expired under the applicable Statute of Limitations.”

There ought to be a law against paying lawyers in lieu of paying a dead boxer’s widow. Too bad it makes no dollars and sense.

Share The Sweet Science experience!
Continue Reading
Advertisement
Avila-Perspective-Chap-330-Matchroom-in-New-York-plus-the-latest-on-Canelo-Crawford
Featured Articles3 weeks ago

Avila Perspective, Chap. 330: Matchroom in New York plus the Latest on Canelo-Crawford

Vito-Mielnicki-Whitewashes-Kamil-Gardzielik-Before-the-Home-Folks-in-Newark
Featured Articles2 weeks ago

Vito Mielnicki Jr Whitewashes Kamil Gardzielik Before the Home Folks in Newark

Pacquiao-is-Back,-Fabio-in-England-and-More.jpg
Featured Articles4 weeks ago

Avila Perspective, Chap 329: Pacquiao is Back, Fabio in England and More

Opetaia-and-Nakatani-Crush-Overmatched-Foes-Capping-Off-a-Wild-Boxing-Weekend
Featured Articles3 weeks ago

Opetaia and Nakatani Crush Overmatched Foes, Capping Off a Wild Boxing Weekend

Catching-Up-with-Clay-Moyle-Who-Talks-About-His-Massive-Collection-of-Boxing-Books
Featured Articles2 weeks ago

Catching Up with Clay Moyle Who Talks About His Massive Collection of Boxing Books

Fabio-Wardley-Comes-from-Behind-to-KO-Justis-Huni
Featured Articles4 weeks ago

Fabio Wardley Comes from Behind to KO Justis Huni  

More-Medals-for-Hawaii's-Patricio-Family-at-USA-Boxing's-Summer-Festival
Featured Articles1 week ago

More Medals for Hawaii’s Patricio Family at the USA Boxing Summer Festival

Delving-Into-'Hoopa'-With-Notes-on-Books-by-George-Plimpton-and-Joyce-Carol-Oates
Featured Articles4 weeks ago

Delving into ‘Hoopla’ with Notes on Books by George Plimpton and Joyce Carol Oates

The-Shafting-of-Blair-the-Flair-Cobbs-a-Familar-Thread-in-the-Cruelest-Sport
Featured Articles3 weeks ago

The Shafting of Blair “The Flair” Cobbs, a Familiar Thread in the Cruelest Sport

Richardson-Hitchins-Batters-and-Stops-George-Kambosos-at-Madison-Square-Garden
Featured Articles3 weeks ago

Richardson Hitchins Batters and Stops George Kambosos at Madison Square Garden 

Callum-Walsh-Umar-Dzambekov-and-Cain-Sandoval-Remain-Unbeaten-at-Santa-Ynez
Featured Articles2 weeks ago

Callum Walsh, Umar Dzambekov and Cain Sandoval Remain Unbeaten at Santa Ynez

A-Fight-Fan-and-Teremoana-Samson-Junior-Leon-Teremoana
Featured Articles2 weeks ago

A Fight Fan and Teremoana Samson Junior Leon Teremoana

Paro
Featured Articles1 week ago

Liam Paro Returns with a Flourish on Wednesday’s ‘No Limit’ Card in Queensland

Avila-Perspective-Chap-331-Callum-Walsh-Brian-Norman-Galal-Yafai-and-More
Featured Articles2 weeks ago

Avila Perspective, Chap. 331: Callum Walsh, Brian Norman, Galal Yafai and More

Brian-Norman-Jr-Bombs-Out-Jin-Sasaki-with-a-Frightful-Left-Hook
Featured Articles2 weeks ago

Brian Norman Jr Bombs Out Jin Sasaki with a Frightful Left Hook

A-Closer-Look-at-Mario-Barrios-Poised-to-Wreck-the-Comeback-of-a-Legend
Featured Articles7 days ago

A Closer Look at Mario Barrios, Poised to Wreck the Comeback of a Legend

Jake-Paul-Outpoints-Julio-Cesar-Chavez-Jr-plus-Other-Results-from-Anaheim
Featured Articles4 days ago

Jake Paul Outpoints Julio Cesar Chavez Jr plus Other Results from Anaheim

Mbilli-Blasts-Out-Sulecki-in-Quebec-Wilder-TKOs-Herndon-in-Wichita
Featured Articles5 days ago

Mbilli Blasts Out Sulecki in Quebec; Wilder TKOs Herndon in Wichita

Avila-Perspective-Chap-332-Jake-Paul-vs-Chavez-Jr-plus-Mbilli-Deontay-and-More
Featured Articles5 days ago

Avila Perspective, Chap. 332: Jake Paul vs Chavez Jr., plus Mbilli, Deontay and More

Holly-Holm-Joshua-Edwards-and-Rene-Alvarado-Sparkle-on-the-Paul-Chavez-Undercard
Featured Articles4 days ago

Holly Holm, Joshua Edwards, and Rene Alvarado Sparkle on the Paul-Chavez Undercard

A-Boxing-Card-in-Alabama-Goes-Pfft-A-True-Tale-from-the-Underbelly-of-the-Sweet-Science
Featured Articles1 day ago

A Boxing Card in Alabama Goes Pfft: A True Tale from the Underbelly of The Sweet Science

Mexico's-Francisco-Rodriguez-Jr-is-the-TSS-Fighter-of-the-Month-for-June
Featured Articles2 days ago

Mexico’s Francisco Rodriguez Jr is the TSS Fighter of the Month for June

Jake-Paul-Outpoints-Julio-Cesar-Chavez-Jr-plus-Other-Results-from-Anaheim
Featured Articles4 days ago

Jake Paul Outpoints Julio Cesar Chavez Jr plus Other Results from Anaheim

Holly-Holm-Joshua-Edwards-and-Rene-Alvarado-Sparkle-on-the-Paul-Chavez-Undercard
Featured Articles4 days ago

Holly Holm, Joshua Edwards, and Rene Alvarado Sparkle on the Paul-Chavez Undercard

Mbilli-Blasts-Out-Sulecki-in-Quebec-Wilder-TKOs-Herndon-in-Wichita
Featured Articles5 days ago

Mbilli Blasts Out Sulecki in Quebec; Wilder TKOs Herndon in Wichita

Avila-Perspective-Chap-332-Jake-Paul-vs-Chavez-Jr-plus-Mbilli-Deontay-and-More
Featured Articles5 days ago

Avila Perspective, Chap. 332: Jake Paul vs Chavez Jr., plus Mbilli, Deontay and More

A-Closer-Look-at-Mario-Barrios-Poised-to-Wreck-the-Comeback-of-a-Legend
Featured Articles7 days ago

A Closer Look at Mario Barrios, Poised to Wreck the Comeback of a Legend

Paro
Featured Articles1 week ago

Liam Paro Returns with a Flourish on Wednesday’s ‘No Limit’ Card in Queensland

More-Medals-for-Hawaii's-Patricio-Family-at-USA-Boxing's-Summer-Festival
Featured Articles1 week ago

More Medals for Hawaii’s Patricio Family at the USA Boxing Summer Festival

Callum-Walsh-Umar-Dzambekov-and-Cain-Sandoval-Remain-Unbeaten-at-Santa-Ynez
Featured Articles2 weeks ago

Callum Walsh, Umar Dzambekov and Cain Sandoval Remain Unbeaten at Santa Ynez

Vito-Mielnicki-Whitewashes-Kamil-Gardzielik-Before-the-Home-Folks-in-Newark
Featured Articles2 weeks ago

Vito Mielnicki Jr Whitewashes Kamil Gardzielik Before the Home Folks in Newark

Avila-Perspective-Chap-331-Callum-Walsh-Brian-Norman-Galal-Yafai-and-More
Featured Articles2 weeks ago

Avila Perspective, Chap. 331: Callum Walsh, Brian Norman, Galal Yafai and More

Brian-Norman-Jr-Bombs-Out-Jin-Sasaki-with-a-Frightful-Left-Hook
Featured Articles2 weeks ago

Brian Norman Jr Bombs Out Jin Sasaki with a Frightful Left Hook

A-Fight-Fan-and-Teremoana-Samson-Junior-Leon-Teremoana
Featured Articles2 weeks ago

A Fight Fan and Teremoana Samson Junior Leon Teremoana

Catching-Up-with-Clay-Moyle-Who-Talks-About-His-Massive-Collection-of-Boxing-Books
Featured Articles2 weeks ago

Catching Up with Clay Moyle Who Talks About His Massive Collection of Boxing Books

Richardson-Hitchins-Batters-and-Stops-George-Kambosos-at-Madison-Square-Garden
Featured Articles3 weeks ago

Richardson Hitchins Batters and Stops George Kambosos at Madison Square Garden 

Avila-Perspective-Chap-330-Matchroom-in-New-York-plus-the-latest-on-Canelo-Crawford
Featured Articles3 weeks ago

Avila Perspective, Chap. 330: Matchroom in New York plus the Latest on Canelo-Crawford

The-Shafting-of-Blair-the-Flair-Cobbs-a-Familar-Thread-in-the-Cruelest-Sport
Featured Articles3 weeks ago

The Shafting of Blair “The Flair” Cobbs, a Familiar Thread in the Cruelest Sport

Opetaia-and-Nakatani-Crush-Overmatched-Foes-Capping-Off-a-Wild-Boxing-Weekend
Featured Articles3 weeks ago

Opetaia and Nakatani Crush Overmatched Foes, Capping Off a Wild Boxing Weekend

Fabio-Wardley-Comes-from-Behind-to-KO-Justis-Huni
Featured Articles4 weeks ago

Fabio Wardley Comes from Behind to KO Justis Huni  

Advertisement
Advertisement
Advertisement

Trending