Give it up Moore!!!!!

[The Legend]

I think that Moore does deserve some compensation, after all the incident was something completely different from the normal hard hitting aspect of the game.


However, 15 Million? Huh? When would he have made 15 mill from salaries?

 

[Ensane]

Worse things happen on the streets that don't net jail time. Don't be ignorant. Dany Heatley committed a felony in the State of Georgia that cost a man his life. Is he in jail?

Incorrect statement.

 

[Milpool]

I think Moore should be hated more than Bertuzzi now...

I see. So exercising your right to sue a person who nearly crippled you in an attack is more despicable than actually administering the attack yourself?

$15 million is a ridiculous amount, but Moore has every right to compensation.

 

[Wetcoaster]

I'm watching the russia vs. slovakia game and at the beginning of the 1st intermission, rod mclean reports that steve moore and family are again trying to sue bertuzzi and orca bay (owners of gm place) over what happened almost 2 years ago. Gimme a rbeak, I'm getting really sick of hearing about this. Just because you come from a family of doctors and lawyers doesn't mean you have to be a millionare, even at the price of other people.

I don't want to get into the whole incident again, but jeez this is exactly the problem, Moore won't let it go already !

Why should he let it go? He was injured by the intentional wrongdoing of Bertuzzi.

Moore does not "come from a family of doctors and lawyers". He is from a working class family.

He has filed two years after the event because as of February 16, 2006 his cause of action expires under the two year limitation period. So file now or lose the cause of action.

Moore's lawyer, Tim Danson, denied there's any connection between the timing of the lawsuit and the Games.

Danson told CP the case was filed Tuesday in Toronto, one day before a two-year limitation on the filing of a lawsuit was set to expire.

"There's nothing to the timing other than the fact that there's a limitation period," said Danson, who would not comment directly on the lawsuit.

Danson said he would have preferred if the lawsuit had not been reported in the media.

"If we had our druthers, it wouldn't even be news -- it would have been issued and no one would know about it until some time down the road. But that didn't work out for us," he said.

http://www.ctv.ca/servlet/ArticleNe.../moore_lawsuit_060215/20060215?hub=TopStories

Moore should have no problem with liability against Bertuzzi for the civil tort (wrong) of battery since Bertuzzi has already been convicted in a criminal proceeding of assault causing bodily harm. The only issue would be the quantum (amount) of damages.

I suspect that Orca Bay and the Canucks were joined because of the claim of civil conspiracy and/or for negligent supervison. Remember that the NHL fined the canucks $250,000 for failing to properly control its players so it seems a good cause of action.

As Colin Campbell noted in his decision when fining the Canucks:

While we are satisfied that the Vancouver organization did nothing to affirmatively encourage Mr. Bertuzzi’s actions, and that it in no way condones what transpired, it must nonetheless accept some responsibility for what took place. In light of numerous player comments about Mr. Moore following the Vancouver-Colorado game of February 16, we believe the Vancouver organization ultimately bears some responsibility for monitoring and, to the extent necessary, attempting to moderate the focus of its team. While the League provided appropriate advance warnings to both organizations, and while some steps were apparently taken by the Vancouver organization to ensure a proper focus by the players on the game itself, we believe that more could have and should have been done.

 

[Wetcoaster]

I doubt the timing of it is a coincidence.

No coincidence at all. The two year limitation period expires on 16 February 2006. If he did not file then he would lose his causes of action for civil conspiracy and negligent supervision.

 

[Wetcoaster]

yeah, i understand why he would want to get repairations, but he wasn't alexei yashin here. doesn't he get insurance anyways??? besides it couldn't hurt being from a loaded family and i'm pretty sure he has a law degree himself, so it's not like he has no other forms of income.

I guess I'm jsut so peeved about it because he does this the first day that canada plays in the olympics, talk about being a ***-hole!

edit: yeah it still is his "dream", but he was a questionable 4th liner and who knows if he would even be playing this season or the next one anyways, but this is a matter of opinon. also, although it was tuzzi who started it, I think it was the doggy pile that formed directly ontop of him after that had mroe to do with the kneck than the actual punch (this again is a matter of opinion, and also a dead horse!)

He has foregone his NHL insurance proceeds when he elected to sue rather than take the insurance.

Moore is from a working class family and he does NOT have a law degree. Moore has a degree in environmental sciences from Harvard gained while he was on a hockey scholarship. Whether or not he is able to work in any field will depend upon his injuries and any permanent disability he may have suffered. Sometimes PCS is so severe that the injured person is unable to work effectively at any job.

Again it does not matter if Moore was injured during the "piling on" - Bertuzzi is responsible for all the injuries because he initiated the chain of events by his unlawful action. Judge Weitzel in sentencing Bertuzzi was clear on that point.

Nonetheless, I am satisfied that the injuries to the head and to the neck, and indeed other injuries that may have occurred, are directly or indirectly related to the punch. Had he not made the punch, then they wouldn't have gone to the ice.

The same principle applies in civil law as well. The "piling on" justification is a red herring.

 

[Wetcoaster]

There is a much longer and more detailed thread on this over on the NHL Talk Board:

http://69.61.39.163/showthread.php?t=222565

But to answer the question of why now:

Actually February 16, 2006 is the limitation date if Moore is pleading the torts of assault (i.e threats), negligent supervision and civil conspiracy since they flow from the hit on Naslund on February 16, 2004. the battery would be statute barred as of March 8, 2006.

A reasonably prudent litigator would file before the earlier date to make sure that no part of the claim is statute barred due to a limitation date.

 

[GSC2k2*]

Worse things happen on the streets that don't net jail time. Don't be ignorant. Dany Heatley committed a felony in the State of Georgia that cost a man his life. Is he in jail?



I'm not going to suggest that Steve Moore doesn't have a right to sue. He does...in British Columbia, where it happened. He does not deserve $15M because there is no way he makes that in a 10-year NHL career, especially under today's CBA. His parents deserve nothing, plain and simple. As for who Moore is suing, I am at a loss as to why Brad May wasn't included. He put the bounty on Moore's head. Every player (Vancouver and Colorado) who jumped onto that pile after Bertuzzi punched Moore should also be included in some way as they are all partly responsible for the extent of Moore's injuries, as it cannot be proven that Bertuzzi actually broke Moore's neck.

If I'm an Ontario judge, this case lasts 30 seconds as I tell him to go file in British Columbia.

If I'm a BC judge, I give Moore $3.5M for potential losses in a 7 year-career (average NHL career length at $500,000 per season), providing a completely neutral doctor orders him, based on his medical opinion, to retire from the NHL due to the injuries suffered in the incident. He doesn't see a cent until retirement papers are filed, and if he makes a comeback, he owes the awarded money back. Moore's parents get nothing.

Quite the interesting post, unburdened as you may be by any, um, LEGAL training or even an ounce of common sense, apparently.

 

[Ensane]

A reasonably prudent litigator would file before the earlier date to make sure that no part of the claim is statute barred due to a limitation date.

He held out until the last possible moment under the hope and possible assumption that he would get a better indication that he could play hockey once again.

 

[Hunter Gathers]

I think that Moore does deserve some compensation, after all the incident was something completely different from the normal hard hitting aspect of the game.


However, 15 Million? Huh? When would he have made 15 mill from salaries?

Nearly killing someone should definately warrent some pain and suffering. Not 12M worth of pain an dsuffering, but a decent amount.

Bertuzzi stalked him across the ice. This was not self defense or anything. It was pre-meditated and Bertuzzi should be in jail right now, as far as I'm concerned. The guy is nothing more than an absolute thug.

 

[Hunter Gathers]

^Heatley case is completely different... The Synders opted not to press charges against Heatley

Heatley's case is different because it was also a ****ing accident. It's not like the moron went out and was like, "hmm, let me murder my best friend!"

Jesus, to compare the Heatley incident to the Bertuzzi one is not only wrong it is genuinely boneheaded and the posters who are doing that should absolutely be ashamed of themselves. You have a young guy who just got a hot car who is showing off and ACCIDENTALLY crashes.

Bertuzzi litterally chased Moore around the ice and intended to injure him. Who knows, maybe Bertuzzi wasn't in his right mind at the time but if you can't say that it was a deliberate attempt to injure someone and possibly end their entire career, than you're just plain ignorant and biased.

Vancouver fans who actually are against Moore winning a lawsuit (while 15M is ridiculous, he definately should get some compensation) should absolutely be ashamed of themselves as hockey fans and human beings.

 

[Pure Slaughter Value]

I can't wait till someone ends Todd's career with a knee-on-knee so your sentence is true for Todd as well as Steve.

If it was reversed, people would be calling for Moore's head to be taken out since Todd is a "star".

This is by far the way Todd Bertuzzi will be remembered in the NHL by a majority of people. He's done nothing else in his career that even comes close to the hits on Moore. People give him so much sympathy for what reason, because he cried at the press conference?

At least Moore can take solace in the fact that Bertuzzi will never make the HOF, probably will never win a SC, etc etc etc

Moore deserves everything he's asking for. blueandgold is dead-on.

 

[Hunter Gathers]

I can't wait till someone ends Todd's career with a knee-on-knee so your sentence is true for Todd as well as Steve.

If it was reversed, people would be calling for Moore's head to be taken out since Todd is a "star".

This is by far the way Todd Bertuzzi will be remembered in the NHL by a majority of people. He's done nothing else in his career that even comes close to the hits on Moore. People give him so much sympathy for what reason, because he cried at the press conference?

At least Moore can take solace in the fact that Bertuzzi will never make the HOF, probably will never win a SC, etc etc etc

 

[Lowball Norm]

The guy had his neck broken and his career as a well-paid professional athlete (4th liner or not) ended - or at the very least seriously and probably irrepairably waylaid. He has every right to sue and for as much as he can get, quite frankly.

If a co-worker came over to my desk right now and intentionally dropped a box of files on my head, breaking my neck, you can bet your *** I'd be suing him, the company, the box maker and anyone else I could to make sure I was well compensated for my pain, suffering and financial and professional loss.

Saying Moore shouldn't sue Bertuzzi because he was just a shmuck 4th liner is like saying a homeless person shouldn't be able to sue a banker just because he's poor.

 

[firstroundbust]

not this again...someone might as well lock it up, although I dont think we'll get the same amount of delinquents in this version of the thread.

It is disgusting to see peoples comments about Moore...that he is doing it for attention, etc.

gimme a break.

the 15 million dollar number is purely a starting point, and the final number, if it gets there, will probably be different.

It amazes me how many bert apologists there are out there.

 

[Northern Dancer]

The guy had his neck broken and his career as a well-paid professional athlete (4th liner or not) ended - or at the very least seriously and probably irrepairably waylaid. He has every right to sue and for as much as he can get, quite frankly.

If a co-worker came over to my desk right now and intentionally dropped a box of files on my head, breaking my neck, you can bet your *** I'd be suing him, the company, the box maker and anyone else I could to make sure I was well compensated for my pain, suffering and financial and professional loss.

Saying Moore shouldn't sue Bertuzzi because he was just a shmuck 4th liner is like saying a homeless person shouldn't be able to sue a banker just because he's poor.

Pardon, me you had a very good arguement going for you till you brought the homeless person suing the banker analogy !!!

 

[william_adams]

Nearly killing someone should definately warrent some pain and suffering. Not 12M worth of pain an dsuffering, but a decent amount.

Bertuzzi stalked him across the ice. This was not self defense or anything. It was pre-meditated and Bertuzzi should be in jail right now, as far as I'm concerned. The guy is nothing more than an absolute thug.

Bertuzzi stalking him across the ice is part of hockey. I am not making any judgements to the righteousness of such an act, but it cannot be denied that Tie Domi, Brad May, and a long list of enforcers are that are gainfully employed and are handsomely paid to do just such actions. Really the only thing that Bertuzzi did that is against the "code" of hockey is to come at a guy from behind.

And even though "as far as you are concerned" he should be in jail, he isn't. This lawsuit will be decided at one time or another and I think he deserves some cash for sure. But he is showing a complete lack of class in the way that he is managing this situation.

 

[JimmyPage]

People who say that Moore wouldn't have made 15 million in his career are missing the point. Moore is going to have physical therapy/chiropractic for the rest his life. Should Moore have to pay for these bills? Moore deserves whatever compensation he gets and I hope he gets it. Being a fan is okay but too many people identify with and defend players and celebrities too much. Moore is the victim, not Bertuzzi.

 

[Habsaku]

Good for Moore, I hope he cleans Bertuzzi's Bank account. But once that's settled, can we leave both people alone and not restart the topic?

 

[Lowball Norm]

I'm suing Moore and Bertuzzi for $10M to compensate for the emotional pain and suffering I've endured from reading threads about this incident.

 

[The Mighty Duck Man]

People who say that Moore wouldn't have made 15 million in his career are missing the point. Moore is going to have physical therapy/chiropractic for the rest his life. Should Moore have to pay for these bills? Moore deserves whatever compensation he gets and I hope he gets it. Being a fan is okay but too many people identify with and defend players and celebrities too much. Moore is the victim, not Bertuzzi.

I believe that's the extra $3 million he's also suing for. Even so, $15 million is way too much even if it is also covering his therapy bills. $5-10 million would've been much more suitable for lost wages, not $15.

 

[xtra]

Here is my question:

since he filed in Ontario and not BC if the ontraio judge throw it out he could not sue bertuzzi in british columbia either cause of the 2 year limit?

Second its just a starting point and i hope the settlement/desicion is more realistic than what he is asking for.

His parents wanting money is just pathetic in my opinion.


and since this is turning in to a law debate can someone answer this question for me:

Since Dany Heatley intented to speed (and was) would his action of speeding count as Intent in the death of Snyder?

 

[monster_bertuzzi]

Heatley's case is different because it was also a ****ing accident. It's not like the moron went out and was like, "hmm, let me murder my best friend!"

Jesus, to compare the Heatley incident to the Bertuzzi one is not only wrong it is genuinely boneheaded and the posters who are doing that should absolutely be ashamed of themselves. You have a young guy who just got a hot car who is showing off and ACCIDENTALLY crashes.

Bertuzzi litterally chased Moore around the ice and intended to injure him. Who knows, maybe Bertuzzi wasn't in his right mind at the time but if you can't say that it was a deliberate attempt to injure someone and possibly end their entire career, than you're just plain ignorant and biased.

Vancouver fans who actually are against Moore winning a lawsuit (while 15M is ridiculous, he definately should get some compensation) should absolutely be ashamed of themselves as hockey fans and human beings.

This is one Vancouver fan that hopes he and his his parents don't get a penny.

 

[monster_bertuzzi]

I can't wait till someone ends Todd's career with a knee-on-knee so your sentence is true for Todd as well as Steve.

If it was reversed, people would be calling for Moore's head to be taken out since Todd is a "star".

This is by far the way Todd Bertuzzi will be remembered in the NHL by a majority of people. He's done nothing else in his career that even comes close to the hits on Moore. People give him so much sympathy for what reason, because he cried at the press conference?

At least Moore can take solace in the fact that Bertuzzi will never make the HOF, probably will never win a SC, etc etc etc

Todd wouldn't skate away like a little sissy after Moore tugged on his jersey.

Sorry, I had to throw it back in SOMEONES face.

 

[triggrman]

Who's to say Moore wouldn't have turned out like Scott Walker? Walker was a 7th defenseman/middleweight scrapping 4th liner until the Predators put him on a top line. Not that Walker is a star player but I'll bet when he's career is over, he'll make close to 10M total.....