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-   -   Todd Bertuzzi hit with lawsuit (https://thetfp.com/tfp/tilted-sports/101147-todd-bertuzzi-hit-lawsuit.html)

feelgood 02-15-2006 12:48 PM
Todd Bertuzzi hit with lawsuit
 
CBC Olympics

Quote:
Originally Posted by CBC Olympics
CBC News learned Wednesday that Vancouver Canucks forward Todd Bertuzzi, currently playing for Canada at the Torino Olympics, was slapped with a civil lawsuit stemming from the Steve Moore incident.

The lawsuit was filed Tuesday in the Ontario Superior Court of Justice by lawyer Tim Danson, and seeks millions of dollars in lost wages and damages for Moore and his parents.

It also named Orca Bay Ltd. partnership, Orca Bay Hockey Inc., and the Canucks.

Bertuzzi, 31, was reinstated by the NHL last Aug. 8, precisely 17 months after being suspended for sucker-punching Moore in a 9-2 loss to the Colorado Avalanche at General Motors Place on March 8, 2004.

Moore, now 27, was hospitalized with three broken vertebrae in his neck and a concussion.

The violent incident prompted debate across North America about the role of rough justice in hockey.

Moore is seeking $15 million in pecuniary damages for loss of income, $1 million for aggravated damages and $2 million in punitive damages.

His parents, Jack and Anna, who were watching on television when Bertuzzi blindsided Moore, are suing for $1.5 million "for negligent infliction of nervous shock and mental distress."

The lawsuit claimed that "Anna was screaming and crying hysterically. Jack was utterly frozen in shock..."

Bertuzzi's suspension lasted the final 13 regular-season games of the 2003-04 season and the Stanley Cup playoffs, which, for the Canucks, translated into seven more games.

Bertuzzi remained under suspension throughout the 310-day lockout and prohibited from playing in the 2004 World Cup of Hockey , two world championships and any European pro league.

He also forfeited $501,926.39 US in salary and hundreds of thousands more in endorsements.

Bertuzzi not only wound up suspended by the NHL, but charged by Vancouver police.

He was sentenced to a year's probation and 80 hours of community service upon pleading guilty to assault causing bodily harm.

Part of the probation was that Bertuzzi not engage "in any other sporting activity involving Mr. Moore as a participant."

Moore later filed a civil lawsuit in Denver, against Bertuzzi, Canucks head coach Marc Crawford, general manager Brian Burke, forward Brad May and Orca Bay Sports and Entertainment, but Judge Shelley Gilman ruled the case because it had no standing in Colorado.

Bertuzzi formally requested to be reinstated last April 27 during a seven-hour hearing with NHL officials.

Moore reportedly still suffers from post-concussion syndrome and has resumed exercising, but his NHL career remains in doubt.
Been 2 years since the whole incident was started, ya gotta wonder if this whole thing should've been put to rest already. Plus, why would Steve and his parent hold off suing until now? Why is this lawsuit in Ontario anyways? It didn't happen in Ontario did it?

Charlatan 02-15-2006 12:53 PM
I'm more suspicious of the timing on this. They couldn't wait until the Olympics were over (or perhaps done this a few months back before it was an issue)?

This smacks of trying to get press on the back of the Olympics.

Glory's Sun 02-15-2006 01:15 PM
I've never been a fan of Bertuzzi but I tend to agree that should have been resolved already. It's some sort of stunt to make the case get more press because of the olympics.

Halx 02-15-2006 01:19 PM
I'm gonna sue gravity if I ever have to witness my kid falling from a tree and breaking their arm.

Ace_O_Spades 02-15-2006 01:25 PM
Why the hell wouldn't he wait until the olympics were over. What a distraction... poor Bertuzzi. Leave the goddamn guy alone, and let him get on with his career.

silent_jay 02-15-2006 02:01 PM
His parents want 1.5 million because they had to watch him get hurt? Maybe they shouldn't watch hockey anymore if they don't like to see their son ger hurt, it's a rough game people get hurt, they need to deal with it, rather than try to make a quick buck.

Moore wants 15 million for loss of income? I'd like to see how the kid figures this, did he expect to have a long career and be paid above average? From what I saw of him play he was a below average player who would have lasted a couple of years at best.

I agree with the rest of the people here, this should have been over ages ago, Moore needs to figure out some other way to get back at Bert.

First they file in Colorado and it gets tossed, so now they go to Ontario, why not file the lawsuit in the province the incident actually occured in.

dylanmarsh 02-15-2006 04:05 PM
Quote:
Originally Posted by silent_jay
His parents want 1.5 million because they had to watch him get hurt? Maybe they shouldn't watch hockey anymore if they don't like to see their son ger hurt, it's a rough game people get hurt, they need to deal with it, rather than try to make a quick buck.

Moore wants 15 million for loss of income? I'd like to see how the kid figures this, did he expect to have a long career and be paid above average? From what I saw of him play he was a below average player who would have lasted a couple of years at best.

I agree with the rest of the people here, this should have been over ages ago, Moore needs to figure out some other way to get back at Bert.

First they file in Colorado and it gets tossed, so now they go to Ontario, why not file the lawsuit in the province the incident actually occured in.
Fuck it, let's make it a class action suit! I felt uncomfortable watching it, too. :D

silent_jay 02-15-2006 06:46 PM
Quote:
Originally Posted by dylanmarsh
Fuck it, let's make it a class action suit! I felt uncomfortable watching it, too. :D
I'd join this suit dylan, even though I only felt a little uncomfortable watching it, I knew what was coming, and I don't really blame Bert for what he did, I think 500 to a million grand could ease my mind and help me to sleep better at night.

Ace_O_Spades 02-16-2006 02:53 PM
I'm gonna have to file a class action lawsuit for having to put up with this story nearly two years after the fact.

Nikilidstrom 02-16-2006 03:39 PM
Maybe if the NHL had done the right thing and banned Bertuzzi for life, people wouldn't have to hear about silly third party lawsuits years after the fact.

Ace_O_Spades 02-16-2006 03:41 PM
Quote:
Originally Posted by Nikilidstrom
Maybe if the NHL had done the right thing and banned Bertuzzi for life, people wouldn't have to hear about silly third party lawsuits years after the fact.
:rolleyes:

here we go again.

The NHL, IIHF, and Hockey Canada have all moved on. This has been dealt with internally... leave the courts out of it.

AND

He already had his day in court, Bertuzzi plead guilty to aggravated assault. Fin.

This is just a cash grab of a desperate player. Doesn't this guy have a Harvard degree? You can't tell me he has no skills outside hockey.

highthief 02-17-2006 05:10 AM
Quote:
Originally Posted by Ace_O_Spades


He already had his day in court, Bertuzzi plead guilty to aggravated assault. Fin.
Well, no - civil and criminal court is different, isn't it?

Charlatan 02-17-2006 06:19 AM
I don't have an issue with the lawsuit at all, just the timing.

Ace_O_Spades 02-17-2006 11:33 AM
Quote:
Originally Posted by highthief
Well, no - civil and criminal court is different, isn't it?
Yes, it is. But just because the option is there, it doesn't need to be chosen.

All means of internal resolution have been dealt with by the NHL... Steve Moore is pushing hockey into a dangerous category, because he still needs Bertuzzi to SHOW HIM THE MONEY before he goes away.

"Hey! You tripped me and I slid into the boards and broke my leg... I'll sue you!"

I'm a firm proponent of letting the NHL deal with the matter... which they did. This sets dangerous precedent.

Nikilidstrom 02-17-2006 12:02 PM
The crime directly resulted in Moore not being able to make a living with his chosen profession. He has every right to seek compensation for his loss. I agree the timing of the lawsuit is questionable, and most likely vindictive, but that is nither here nor there.

Quadraton 02-17-2006 12:05 PM
The excuse for the timing has to do with the term limits running out on the suit. Of course, that doesn't explain why they chose to wait until now to file suit.

But, hey. If Don Cherry doesn't like the timing of the suit, neither do I :lol:

highthief 02-17-2006 12:25 PM
Quote:
Originally Posted by Ace_O_Spades
Yes, it is. But just because the option is there, it doesn't need to be chosen.

All means of internal resolution have been dealt with by the NHL... Steve Moore is pushing hockey into a dangerous category, because he still needs Bertuzzi to SHOW HIM THE MONEY before he goes away.

"Hey! You tripped me and I slid into the boards and broke my leg... I'll sue you!"

I'm a firm proponent of letting the NHL deal with the matter... which they did. This sets dangerous precedent.
So, if you get hurt in the job, let's say, due to a willful and criminal act that was, at the least, facilitated by the company, you will be content to let your employer's parent corporation decide what is fair and just, and give up all rights to pursue civil action?

I believe Moore also said (well, his lawyer had said) he would not file suit until such time as it appeared his NHL career was unlikely to continue. Perhaps he has reached that point?

I think people are annoyed because, perhaps, it is perceived that Moore is being unpatriotic, continuing the controversy during the Olympics, and adding more dramatics to Team Canada's pursuit of the gold, especially with the Gretzky thing going on. While it would not be my choice if I were in his shoes to pursue the matter this particular week, it's his choice - thousands of other lawsuits will be filed this week, if he wants to be one of them, so be it.

splck 02-17-2006 12:30 PM
It'll get moved to BC where it should have beeen in the first place. They tried in Colorado and it's tossed. They'll try in Ontario and it'll get tossed. Moore doesn't want it in BC because of a Bertuzzi is liked here.

Ace_O_Spades 02-17-2006 02:45 PM
We all know this will be settled out of court for an undisclosed amount

Bertuzzi will pay further, and it will finally be over... but I hope his parents don't get a dime.

Ace_O_Spades 02-17-2006 02:59 PM
Quote:
Originally Posted by highthief
So, if you get hurt in the job, let's say, due to a willful and criminal act that was, at the least, facilitated by the company, you will be content to let your employer's parent corporation decide what is fair and just, and give up all rights to pursue civil action?
He needs to prove on a balance of probabilities, that the assault by Bertuzzi caused him the damages he claims ($15 million in pecuniary damages for loss of income, $1 million for aggravated damages and $2 million in punitive damages.). What was his salary for while he played? He will need to prove his longevity for that period of time, and considering he was a C grade player at best, that could be the linchpin of the case. What was his salary? Years left on contract when he was injured?

Quote:
Originally Posted by highthief
I believe Moore also said (well, his lawyer had said) he would not file suit until such time as it appeared his NHL career was unlikely to continue. Perhaps he has reached that point?
Perhaps his career was over at the end of the season anyway (minus time spent lurking in the AHL)

Quote:
Originally Posted by highthief
I think people are annoyed because, perhaps, it is perceived that Moore is being unpatriotic, continuing the controversy during the Olympics, and adding more dramatics to Team Canada's pursuit of the gold, especially with the Gretzky thing going on. While it would not be my choice if I were in his shoes to pursue the matter this particular week, it's his choice - thousands of other lawsuits will be filed this week, if he wants to be one of them, so be it.
Well there IS a limit on these kinds of things, so I can see him filing it at the last minute... but that case in Colorado got thrown out a long time ago, and he WAITED until now to file, during the Olympics... What a knob.

silent_jay 02-17-2006 03:07 PM
Exactly splck, Moore is trying to kep this thing as far from BC as he can, because he knows he has barely a chance to win anywhere else, so if it goes to BC he'll never win, which in my opinion is the right thing, he got hurt in an NHL game, the NHL dealt with it, and Moore should go back to whatever he's going to do.
Quote:
.....he would not file suit until such time as it appeared his NHL career was unlikely to continue.......
No one knew how long this kid was going to be in the NHL anyways, he may have only lasted a year, judging by ther way he played the game that seems to be about all I'd give him.

Nikilidstrom 02-17-2006 08:50 PM
I don't profess to know anything about Canadian law, so I have no clue what the burden of proof is in civil cases there. But if the Colorado court had agreed that it had jurisdiction over the suit, Moore would have an excellent chance of winning the case, although how much damages would be actually awarded I couldn't know. With Bertuzzi's guilty plea in the criminal case, Moore's lawyer would only have show that the crime possibly could have caused the damages, and losses, suffered by his client.

And as I said before, IMHO, while I don't agree with the timing of the suit, or the amount of money in question, I fully believe Moore deserves compensation for his loss, just as any worker injured by the neglegence of a coworker does.

And as a side note, for anyone judging Steve Moore's worth solely on how good of a hockey player he is: Shame on you. Dislike him, hate him even, for any number of reasons you can think of, but don't believe he has any less worth as a human being than anyone else on the ice, or anywhere else for that matter.

Ace_O_Spades 02-17-2006 11:39 PM
It's not a matter of him being less worthy as a human being... it's attaching a monetary value to his NHL career. The courts are going to objectively look at this. They won't just hear his story and arbitrarily decide the figures. He's a Harvard graduate, he has a future outside hockey... This WILL play a large role in Bertuzzi's defense. He's not a kid who dropped highschool to play junior and get a ride to the NHL. He graduated Harvard, got on with Colorado as a 2nd round pick, didn't play two whole seasons, then only played 57 (albeit 13 games he missed at the end of the season due to injury) in 2004. He only had one year left on his contract, and the Colorado Avalance chose not to keep him on through his injury, even though the lockout was on. Why do you think this is? Because players on injury reserve continue to collect a paycheque, because they cannot be released to play elsewhere... So Steve Moore was costing the Avalance money, they cut him loose. Worth nothing to the club.

How do his parents justify that large sum of money? The sheer excess of their demands may play against them... Coming off as greedy isn't what they need.

highthief 02-18-2006 04:52 AM
Quote:
Originally Posted by Ace_O_Spades
He needs to prove on a balance of probabilities, that the assault by Bertuzzi caused him the damages he claims ($15 million in pecuniary damages for loss of income, $1 million for aggravated damages and $2 million in punitive damages.). What was his salary for while he played? He will need to prove his longevity for that period of time, and considering he was a C grade player at best, that could be the linchpin of the case. What was his salary? Years left on contract when he was injured?
Most people don't get what they asked for in civil suits. Filing a big suit for big dollars is first and foremost a way of getting the guy you're suing to say "OK, look, I'm not paying $15 million, but let's settle out of court and I'll give you $5 million - then will you go away?"

Bertuzzi is guilty of a crime, that's already agreed. So there are civil damages out there, the question is going to be how much.

Jadedfox 02-18-2006 05:43 AM
Quote:
Originally Posted by highthief
Most people don't get what they asked for in civil suits. Filing a big suit for big dollars is first and foremost a way of getting the guy you're suing to say "OK, look, I'm not paying $15 million, but let's settle out of court and I'll give you $5 million - then will you go away?"

Bertuzzi is guilty of a crime, that's already agreed. So there are civil damages out there, the question is going to be how much.
I think that pretty much sums this mess up. I agree completely.

--jaded


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