'Independent' survey assists injured player's legal case

A First Division footballer who broke his leg four years ago has been given a six-figure pay-out for potential loss of earnings as a result of the incident. Although Stewart Talbot, who is now the captain of Rotherham, resumed his career 10 months later, his lawyers argued that his subsequent earning ability had been damaged.

A decisive factor in the settlement of Talbot's case, according to his solicitor, Russell Dutton, was The Independent's unique survey of footballers' wages, published in 2000. The survey was submitted as evidence in Talbot's case, which was due to come to court next week. In the secretive world of football, Dutton regarded the survey as the best first-hand evidence of players' earnings. After its submission, the parties involved reached an out-of-court settlement on Thursday.

"The survey was of great significance to the case," said Dutton, the personal injury partner at Beswicks Solicitors. "I believe it had a big effect on the settlement of this action and we are grateful to The Independent for its assistance."

Talbot said: "I never wanted to go to court but it seemed as if that's where it was heading until the survey was put forward. I'm just glad it's all over."

Talbot was playing for Port Vale against Watford in April 1999 when he sustained a double fracture of the tibia and fibula after a tackle involving Watford's Paul Robinson, who now plays for West Bromwich Albion. As a result of his injuries, Talbot had six metal pins inserted in his leg, three below the knee and three above the ankle. This was part of a then-revolutionary, non-cast treatment, known as motion fixation. It helped him recover more swiftly than conventional methods but he was still out for 10 months and believed his career prospects had been damaged. When his contract with Port Vale expired in the summer of 2000, the best move he could find was to Rotherham, who had been promoted to the Second Division.

Talbot's legal action was against both Watford and Robinson. He argued that had the incident never happened, he would have been able to secure a better contract with a higher-paying club in 2000. The case was due to be heard in Telford County Court from next Tuesday. The no-liability settlement, for "a substantial six-figure sum" according to Dutton, saved the case going to court.

The crux of the case, if and when it had been established whether a double fracture had harmed the players' prospects, was how much Talbot might have earned by moving to an average First Division club instead of Rotherham. The Independent's survey showed the average First Division wage in April 2000 was £128,000 per year, rising to £163,000 per year for players aged 27 to 28-years-old. Talbot turned 27 in June 2000. He moved to a club just leaving the Third Division, where average wages were £37,000 in 2000, or £44,000 for a player of Talbot's age.

The wide-ranging survey, which was conducted with the assistance of the Professional Footballers' Association, received more than 600 responses from players. Among other things, its findings contributed to the founding of the video review panel.