Kellen Winslow Jr.
Re: Kellen Winslow Jr.
Winslow wasn't just learning how to ride the bike, he was learning how to ride wheelies and other stunts. Yes, he wrecked in a parking lot, but what I read was that he was riding a wheelie and hit a curb.
One of his neighbors called the police days earlier because Winslow was riding wheelies at 30 MPH on a residential street, and refused to stop when asked. He vamboosed before the police got there.
And it was specifically written into Winslow's contract that he needs to avoid dangerous activites outside of football, including skydiving, mountain climbing, and RIDING MOTORCYCLES. He should lose his bonus money for that.
And you don't learn to ride a motorcycle on a 700cc crotch rocket.
As for Big Ben, his agent needs to have a sit down with him. If I'm being paid that kind of coin, I'm protecting myself better than that.
One of his neighbors called the police days earlier because Winslow was riding wheelies at 30 MPH on a residential street, and refused to stop when asked. He vamboosed before the police got there.
And it was specifically written into Winslow's contract that he needs to avoid dangerous activites outside of football, including skydiving, mountain climbing, and RIDING MOTORCYCLES. He should lose his bonus money for that.
And you don't learn to ride a motorcycle on a 700cc crotch rocket.
As for Big Ben, his agent needs to have a sit down with him. If I'm being paid that kind of coin, I'm protecting myself better than that.
Last edited by LionPride on September 20th, 2011, 12:24 am, edited 1 time in total.
Re: Kellen Winslow Jr.
Here's some snippets from http://www.profootballtalk.com regarding Winslow. Some of these are over a week old. The site had an earlier article about the incident near his home that I referred to in my above post. They only keep so many days of articles online, so that one has rolled off the list.
WINSLOW TO LOSE MORE THAN $9 MILLION?
Setting aside for now the question of whether Browns tight end "Evel Kellnievel" Winslow should have been riding a motorcycle as he still rehabs from a broken leg that scuttled his 2004 rookie season (and prevented him from earning a big-money bonus payment by failing to participate in 30 percent of the team's offensive snaps), we've gotten a look-see at Winslow's contract, which indicates that he shouldn't have been riding a motorcycle at all. Ever. Period.
As a general matter, Winslow has breached Paragraph 3 of his contract, which prevents him from "engag[ing] in any activity other than football which may involve a significant risk of personal injury."
And this breach could have significant consequences. Winslow's motorcycling allows the team (if it so chooses) to recover $5 million of his initial signing bonus and the full $4.4125 million of his option bonus triggered at the outset of the 2005 league year, $2.4125 million of which won't actually be paid to Winslow until July 15.
So the total potential price tag on Winslow's deliberate failure to comply with the terms of his contract is a whopping $9.4125 million.
Under the contract, Winslow becomes potentially responsible to pay back the bonus money due to "injury as a result of a breach of Paragraph 3 of the Contract" or "as a result of participation in hazardous activities which involve a significant risk of personal injury and are non-football in nature, including but not limited to skydiving, hang gliding, mountain climbing, auto racing, motorcycling, scuba diving, or skiing." (Emphasis added.)
The bottom line is that, under the terms of Winslow's deal, getting injured while motorcycling is no different that walking away from his contractual obligations, a la Ricky Williams did nearly a year ago.
In either case, the club can recover bonus money.
And in Winslow's case, he could end up forking over more than $9 million.
The bigger question is whether the Browns should make a grab for Winslow's $9 million. Since the guy that drafted Winslow is long gone and given that we can't imagine Winslow and 2005 first-round pick Braylon Edwards co-existing in the same conference much less in the same locker room, we think the Browns should send Winslow a bill for $9.4125 million, and then let nature take its course.
If nothing else, such a move could help the Browns recoup a major chunk of Butch Davis' buyout.
WINSLOW'S WILD DAY
Our buddy Pat McManamon of The Akron Beacon Journal reports that Browns tight end Kellen Winslow's motorcycle wreck was the final incident of a long day of riding his relatively new toy.
Per McManamon, Winslow had driven his motorcycle to Canton on Sunday and visited a "bike superstore." Upon leaving the store, an off-duty cop saw Winslow pop a wheelie.
"I looked at the guy working with me and said, 'That's a million-dollar wheelie,'" Eric Stanbro told McManamon.
Winslow held the wheelie for about 100 feet, and the bike was moving fast at the time.
"He gunned it,'' Stanbro said. "He was going real fast. I'd estimate between 40 and 50 miles per hour."
But Winslow appeared to be a novice rider. "It appeared to us he was riding with a bunch of very experienced riders,'' Stanbro said. "The way they were dressed, their bikes. His bike had a 30-day tag on. He looked a little uncertain."
What should be even more uncertain at this point is whether Winslow gets to keep more than $9 million in bonus money that, under the contract he signed with the Browns, he legitimately could be asked to repay. These teams aren't giving out lottery prizes to high draft picks. The money is paid in anticipation of future performance, and if the player -- for whatever reason -- impairs his ability to perform, he rightly should pay back the money.
The problem, as one league insider 'splained to us on Wednesday morning, is that the team will be viewed as the "bad guy" if it asks Winslow to refund a big chunk of his bonus, even though Winslow clearly violated his commitments to the team by owning and riding a motorcycle. And the fact that the injury wasn't the result a one-time brain fart by Winslow but part of a lifestyle choice that brazenly breached his contract.
Shame on the Postons, in our view, for not making it clear to Winslow in no uncertain terms that he should not own, operate, or joyride on anything with two wheels and a motor. And if the Postons didn't make it clear to Kellen that he shouldn't be on a motorcycle ever, it might be time (again) for them to alert their insurance carrier of the coming malpractice claim.
BROWNS ISSUE STATEMENT ON WINSLOW
Regarding Kellen Winslow's condition, the Browns issued the following statement on Wednesday afternoon:
"Cleveland Browns tight end Kellen Winslow remains at The Cleveland Clinic following a motorcycle accident on Sunday, May 1. A timetable for his release from The Cleveland Clinic has not been determined.
"Kellen's internal injuries remain stable and are improving. The concern remains with his right knee, which will continue to be re-evaluated.
"Over the last several days, Kellen has been visited by team President John Collins, Senior Vice President and General Manager Phil Savage, Head Coach Romeo Crennel, some of his teammates, and other Browns personnel. Kellen is in good spirits and asks that people respect his right to privacy regarding his medical condition.
"The Browns focus and concern remain with Kellen's health and well being and the club will not comment on any aspects of his contract."
In our view, the Browns are playing this the right way. They can always rattle the sword regarding Winslow's bonus after he's out of the hospital -- and after they've had a chance to fully investigate the extent of his motorcycle use. We've got a feeling, though, that in the end the team will try to at least get some of the money back, even if it's only the $2 million or so that he's scheduled to be paid in July.
POSTED 6:43 a.m. EDT; UPDATED 7:51 a.m. EDT, May 4, 2005
POSTONS TO MEET WITH BROWNS?
According to The Cleveland Plain Dealer, agents Carl and Kevin Poston will be arriving in town on Wednesday to meet with injured client "Evel Kellenievel" Winslow and possibly the entity to whom he contractually promised not to ride motorcycles -- the Browns.
Winslow's condition has not changed, but the biggest potential problems are his injured shoulder and his injured right knee.
From the Postons' perspective, they need to tread very lightly when talking about this situation with the Browns. This time around, the Browns hold all the cards. If/when it appears that Winslow's injuries from the Sunday motorcycle crash will significantly impair his ability to play football in the future, the Browns could chose to aks for more than $9 million back in bonus money -- more than $2 million of which hasn't even been tendered to Winslow yet.
And our guess is that, even if the Browns plan to keep Winslow, they might ask him to forego all or part of the payment due to Kellnievel on July 15 in settlement of his blatant contract breach.
Why shouldn't they? At a time when a growing number of players are willing to refuse to honor their contracts by staying away from mandatory minicamps, we like the idea of the Browns forcing Winslow to live with the consequences of conduct that constitutes a clear violation of the terms to which he agreed.
The process would be fairly simple. The Browns would seek an arbitration, and the arbitration (given the plain language of the contract) would be a rim-rocking slamma jamma.
Then again, the smart thing for the Browns for now is to bide their time. After all, they've got Kellnievel by the short hairs, so perhaps he and his agents will behave. At a minimum the team can now quit worrying about the Postons trying to put language in the deal that would give Winslow a chance to recoup that $5.4 million incentive payment based on minimum playing time that the agents foolishly placed in only the first year of his contract.
WINSLOW TO LOSE MORE THAN $9 MILLION?
Setting aside for now the question of whether Browns tight end "Evel Kellnievel" Winslow should have been riding a motorcycle as he still rehabs from a broken leg that scuttled his 2004 rookie season (and prevented him from earning a big-money bonus payment by failing to participate in 30 percent of the team's offensive snaps), we've gotten a look-see at Winslow's contract, which indicates that he shouldn't have been riding a motorcycle at all. Ever. Period.
As a general matter, Winslow has breached Paragraph 3 of his contract, which prevents him from "engag[ing] in any activity other than football which may involve a significant risk of personal injury."
And this breach could have significant consequences. Winslow's motorcycling allows the team (if it so chooses) to recover $5 million of his initial signing bonus and the full $4.4125 million of his option bonus triggered at the outset of the 2005 league year, $2.4125 million of which won't actually be paid to Winslow until July 15.
So the total potential price tag on Winslow's deliberate failure to comply with the terms of his contract is a whopping $9.4125 million.
Under the contract, Winslow becomes potentially responsible to pay back the bonus money due to "injury as a result of a breach of Paragraph 3 of the Contract" or "as a result of participation in hazardous activities which involve a significant risk of personal injury and are non-football in nature, including but not limited to skydiving, hang gliding, mountain climbing, auto racing, motorcycling, scuba diving, or skiing." (Emphasis added.)
The bottom line is that, under the terms of Winslow's deal, getting injured while motorcycling is no different that walking away from his contractual obligations, a la Ricky Williams did nearly a year ago.
In either case, the club can recover bonus money.
And in Winslow's case, he could end up forking over more than $9 million.
The bigger question is whether the Browns should make a grab for Winslow's $9 million. Since the guy that drafted Winslow is long gone and given that we can't imagine Winslow and 2005 first-round pick Braylon Edwards co-existing in the same conference much less in the same locker room, we think the Browns should send Winslow a bill for $9.4125 million, and then let nature take its course.
If nothing else, such a move could help the Browns recoup a major chunk of Butch Davis' buyout.
WINSLOW'S WILD DAY
Our buddy Pat McManamon of The Akron Beacon Journal reports that Browns tight end Kellen Winslow's motorcycle wreck was the final incident of a long day of riding his relatively new toy.
Per McManamon, Winslow had driven his motorcycle to Canton on Sunday and visited a "bike superstore." Upon leaving the store, an off-duty cop saw Winslow pop a wheelie.
"I looked at the guy working with me and said, 'That's a million-dollar wheelie,'" Eric Stanbro told McManamon.
Winslow held the wheelie for about 100 feet, and the bike was moving fast at the time.
"He gunned it,'' Stanbro said. "He was going real fast. I'd estimate between 40 and 50 miles per hour."
But Winslow appeared to be a novice rider. "It appeared to us he was riding with a bunch of very experienced riders,'' Stanbro said. "The way they were dressed, their bikes. His bike had a 30-day tag on. He looked a little uncertain."
What should be even more uncertain at this point is whether Winslow gets to keep more than $9 million in bonus money that, under the contract he signed with the Browns, he legitimately could be asked to repay. These teams aren't giving out lottery prizes to high draft picks. The money is paid in anticipation of future performance, and if the player -- for whatever reason -- impairs his ability to perform, he rightly should pay back the money.
The problem, as one league insider 'splained to us on Wednesday morning, is that the team will be viewed as the "bad guy" if it asks Winslow to refund a big chunk of his bonus, even though Winslow clearly violated his commitments to the team by owning and riding a motorcycle. And the fact that the injury wasn't the result a one-time brain fart by Winslow but part of a lifestyle choice that brazenly breached his contract.
Shame on the Postons, in our view, for not making it clear to Winslow in no uncertain terms that he should not own, operate, or joyride on anything with two wheels and a motor. And if the Postons didn't make it clear to Kellen that he shouldn't be on a motorcycle ever, it might be time (again) for them to alert their insurance carrier of the coming malpractice claim.
BROWNS ISSUE STATEMENT ON WINSLOW
Regarding Kellen Winslow's condition, the Browns issued the following statement on Wednesday afternoon:
"Cleveland Browns tight end Kellen Winslow remains at The Cleveland Clinic following a motorcycle accident on Sunday, May 1. A timetable for his release from The Cleveland Clinic has not been determined.
"Kellen's internal injuries remain stable and are improving. The concern remains with his right knee, which will continue to be re-evaluated.
"Over the last several days, Kellen has been visited by team President John Collins, Senior Vice President and General Manager Phil Savage, Head Coach Romeo Crennel, some of his teammates, and other Browns personnel. Kellen is in good spirits and asks that people respect his right to privacy regarding his medical condition.
"The Browns focus and concern remain with Kellen's health and well being and the club will not comment on any aspects of his contract."
In our view, the Browns are playing this the right way. They can always rattle the sword regarding Winslow's bonus after he's out of the hospital -- and after they've had a chance to fully investigate the extent of his motorcycle use. We've got a feeling, though, that in the end the team will try to at least get some of the money back, even if it's only the $2 million or so that he's scheduled to be paid in July.
POSTED 6:43 a.m. EDT; UPDATED 7:51 a.m. EDT, May 4, 2005
POSTONS TO MEET WITH BROWNS?
According to The Cleveland Plain Dealer, agents Carl and Kevin Poston will be arriving in town on Wednesday to meet with injured client "Evel Kellenievel" Winslow and possibly the entity to whom he contractually promised not to ride motorcycles -- the Browns.
Winslow's condition has not changed, but the biggest potential problems are his injured shoulder and his injured right knee.
From the Postons' perspective, they need to tread very lightly when talking about this situation with the Browns. This time around, the Browns hold all the cards. If/when it appears that Winslow's injuries from the Sunday motorcycle crash will significantly impair his ability to play football in the future, the Browns could chose to aks for more than $9 million back in bonus money -- more than $2 million of which hasn't even been tendered to Winslow yet.
And our guess is that, even if the Browns plan to keep Winslow, they might ask him to forego all or part of the payment due to Kellnievel on July 15 in settlement of his blatant contract breach.
Why shouldn't they? At a time when a growing number of players are willing to refuse to honor their contracts by staying away from mandatory minicamps, we like the idea of the Browns forcing Winslow to live with the consequences of conduct that constitutes a clear violation of the terms to which he agreed.
The process would be fairly simple. The Browns would seek an arbitration, and the arbitration (given the plain language of the contract) would be a rim-rocking slamma jamma.
Then again, the smart thing for the Browns for now is to bide their time. After all, they've got Kellnievel by the short hairs, so perhaps he and his agents will behave. At a minimum the team can now quit worrying about the Postons trying to put language in the deal that would give Winslow a chance to recoup that $5.4 million incentive payment based on minimum playing time that the agents foolishly placed in only the first year of his contract.