Teamkader » misconduct of another person, the surviving members may sue

HOUSTON - Josh Smith has been a nice addition to the contending Houston Rockets and simply ignores those who credit Detroits recent success to his release.After all, the Rockets have been doing just fine lately, too.The Pistons have gone 11-2 since he was let go in the second season of a four-year, $54 million contract, causing some to throw around the phrase addition by subtraction when discussing their recent turnaround.It didnt upset me, Smith said. People have opinions and talk about things in the media that they dont necessarily personally know anything about. So you really cant let that affect whats going on.The 29-year-old forward still communicates with a number of the Pistons and is pleased to see them doing well after their early season struggles. He added that many of his detractors dont know the true story of what happened in Detroit.They made decisions that they thought was beneficial to their team, he said. I wish them nothing but success, but Im just focusing on what I can do to help this team win games.The negativity certainly hasnt slowed him down with Houston, where hes averaged 10.4 points, 5.3 rebounds and 2.1 assists in 14 games.He started four games early, but acknowledged that he needed more time to adjust to his new team and has thrived since moving into a reserve role, averaging almost 12 points in those games.The Rockets have gone 6-3 in the nine games in which hes come off the bench after starting and they entered Sundays game 28-13 and in second place in the Southwest Division of the Western Conference. At this point, he isnt worried about returning to the starting lineup.For right now, this is whats having the team so successful, he said. Im all (for) doing what it takes for us to win. Im willing to do whatever it takes.He called his opportunity in Houston a new beginning, and is feeling much more confident on the court now that hes had some time to adjust.It was very, very crazy, he said of his first few days with the Rockets. It was the first time in my career it happened and having to move everything and get myself acclimated to the team was an adventure, but it was also kind of nerve wracking. But everything is starting to smooth itself out.Coach Kevin McHale is pleased that the Rockets were able to add a veteran player of Smiths calibre to a team that already has stars Dwight Howard and NBA leading-scorer James Harden.Josh brings an ability to handle the ball, pass the ball. Hes a good distributor. He breaks people down off the dribble, McHale said. So I think Josh is getting a little more comfortable with what were doing and I think hes going to continue to help us.Smith is happy in Houston where hes been reunited with Howard, a childhood friend and AAU teammate who was the best man in his wedding.This is a guy that Ive known since preschool and for us to be able to play together at the highest level of basketball, its definitely a blessing, Smith said, and were relishing the moment and maximizing our potential as much as possible while were together.And Houstons big man is the first to take up for Smith when it comes to the situation in Detroit, where he was averaging 13.1 points a game before his release.That team is playing pretty good basketball right now, but so are we, Howard said. Hes been a great piece for us and a great addition. You cant really focus on what everybody else is saying, all you can do is control what you do on the floor.Howard is no stranger to criticism himself after his tumultuous season with the Lakers where there were rumblings that he had problems with Kobe Bryant.When you leave somebody, the first thing they want to do is try to figure out all your flaws and try to expose them to the world, Howard said. In this profession, youve got to understand that and not allow that to affect your mind. Running Shoes Sale Clearance . Unfortunately for Toronto, that surge was too much to handle as the Stars scored six straight goals and ended the Marlies season with a 6-2 victory on Tuesday. Toronto had built a 2-0 lead on goals by Frazer McLaren and Peter Holland, but Texas charged back with a wild rally late in the second period to spark its trip to the Calder Cup final. Clearance Running Shoes . "I only want to go through this one more time," Crosby said Friday. The 24-year-old captain hasnt played since the symptoms resurfaced following a loss to Boston on Dec. 5. Doctors allowed him to return to full practice on Tuesday and while Crosby is pleased with the way his body is responding he refuses to put on his return. http://www.runningshoescheap.net/ . According to the CFL Scouting Bureaus January rankings, four of the top five Canadian prospects line-up on the offensive side of the trenches, which is good news for Bombers general manager Kyle Walters. With only one selection in the first two rounds — Walters sent his second-round pick to Saskatchewan in the days ahead of the 2013 trade deadline — the No. Wholesale Running Shoes Cheap . Today, he looks at the offensive line. 1. Laurent Duvernay-Tardif (OT, McGill) You Should Know: Over the course of his university career, Duvernay-Tardifs commitments to medical school and the family business frequently limited him to one practice per week, yet he was still the Metras Trophy winner as the Top Lineman in CIS football in 2013. Discount Running Shoes .com) - The Ottawa Senators will try to keep their slim playoff hopes alive when they face the Chicago Blackhawks who are trying to secure their place in the post-season.This past Saturday at Canandaigua Motorsports Park in upstate New York, 20 year old Kevin Ward Jr. was killed after he was struck on the track by NASCAR star Tony Stewarts car. During the race, Wards car was spun out by Stewart. Ward then unbuckled, climbed out of his car and walked onto the track to express his displeasure to Stewart. At that point, he was struck by Stewarts car and killed. "I want to make it very clear: there are no criminal charges pending at this time" said Ontario County Sheriff Philp Povero after the incident. While that may be the case, this is far from over. Stewart faces the spectre of criminal charges and civil liability. For Stewart, this is going to be a long road. Criminal Charges On the criminal side, expect the District Attorney to take a very close look to determine whether Stewart committed a crime. The most likely charge that would be considered is second degree manslaughter. Also called involuntary manslaughter, this occurs when a person "recklessly" causes the death of another person. Reckless acts are generally deemed less serious or blameworthy than intentional acts. Second degree manslaughter can be distinguished from first degree manslaughter. With respect to the latter charge, a defendant may not have intended to kill the victim, but did intend to seriously physically injure the person and death resulted. At this point, there is insufficient evidence to determine whether criminal charges are appropriate. The evidence will be reviewed, including the video of the incident, witness statements and any data available from Stewarts car. Some witnesses have said that Stewart hit his throttle as he approached Ward. When you hit the throttle, the back end of the car kicks out. One theory is that Stewart may have hit the throttle to scare Ward. If Stewart intended to intimidate Ward by kicking his car out, or was otherwise reckless, he could be charged with manslaughter.dddddddddddd Should it be determined that Stewart intended to kill Ward, then the charge could be elevated to murder or manslaughter in the first degree. However, intent in this case would be very difficult to ascertain, and accordingly, these charges seem unlikely to materialize. So the key question for the DA is this: did Stewart intentionally hit his throttle to merely put a scare in Ward? If so, Stewart is suddenly responsible for the death of Ward in the likely form of Man 2. Civil Lawsuit Apart from criminal charges, Stewart may also face a wrongful death civil lawsuit (for money) from Wards family. If a person is killed as a result of the negligence or misconduct of another person, the surviving members may sue for "wrongful death". While it is early and we dont have all the information, it would not be a surprise to see Wards family sue Stewart. It is not unusual for families to seek a certain level of accountability by way of a civil suit. The family may also argue that Stewart has a reputation for having a bad temper, and this incident is consistent with his temperament. Stewart would argue that Ward should not have exited his vehicle. By doing so, he put himself in harms way. As well, Stewart may say that he tried to avoid Ward rather than scare him. Finally, Ward was wearing black on a part of the track that was not well lit. As a result, Stewart may say he didnt see Ward until it was too late. The investigation is still at an early stage and it is premature to declare that Stewart is responsible for Wards death. We should allow the investigation to run its course, at which point a clearer determination can be made as to liability. ' ' '