Dave Babych wins injury lawsuit

Dave Babych was awarded $1.37 million US by a jury on Thursday.

Babych, 41, will be compensated $1.02 million US in lost wages and $350,000 US for pain and suffering.

The six-woman, three-man jury ruled that improper treatment of a broken left foot forced the former Philadelphia Flyer defenceman to end his career prematurely.

Babych had long claimed his 18-year NHL career was cut short because the Flyers forced him to play injured.

So he sued Comcast-Spectacor, the corporate owner of the Flyers, and former Flyers physician Dr. Arthur Bartolozzi for $2.3 million US plus damages.

Because a judge earlier dismissed Comcast-Spectacor as a defendant, citing a lack of evidence proving the team committed fraud or misrepresentation, Bartolozzi is liable for the entire $1.37 million US reward.

Babych suffered the injury blocking a slap shot on April 8, 1998, and recalled telling then-Flyers head coach Roger Neilson that he would be unavailable for Philadelphia's playoff series against the Buffalo Sabres two weeks later.

Babych testified Neilson ordered him to play and that he received pain-numbing injections in his fractured foot, which Bartolozzi originally diagnosed as a bone bruise.

Babych not only played the entire series, but another full season before calling it a career.

Though the jury ruled Bartolozzi failed to use accepted standards in treating the injury, it was reluctant to charge him with fraud.

with files from Sports Network