Give it up Moore!!!!!

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monster_bertuzzi said:
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.
Nah he'd wait until the last game of the season and cheapshot someone. Bert's a coward, cut and dried.
 

Ensane

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xtra said:
Since Dany Heatley intented to speed (and was) would his action of speeding count as Intent in the death of Snyder?
No.

At best, a conservative DA could argue for manslaughter charges, but considering Heatley wasn't drunk, most juries would be hard pressed to agree to a guilty verdict.
 

mmbt

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Ensane said:
No.

At best, a conservative DA could argue for manslaughter charges, but considering Heatley wasn't drunk, most juries would be hard pressed to agree to a guilty verdict.

That's true, but to me it almost seems worse to do something like that sober, since one's judgement wouldn't have been impaired by anything other than one's own stupidity.
 

Ensane

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mmbt said:
That's true, but to me it almost seems worse to do something like that sober, since one's judgement wouldn't have been impaired by anything other than one's own stupidity.
Worse on the conscience for sure. But the main thing is to keep in mind, the DA would have to convince a jury that not only did Heatley unequiovocally exceed the limits, but that he did so on purpose. IIRC, there was a lack of evidence to support such charges. The DA obviously thought that not only was there a good chance that he couldn't do that, but it was in the best interest of public policy to not file charges since there was no uproar from Snyder's family.
 

Garry Valk

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Smytty Heart said:
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 :cry: !


He BROKE Steve Moore's NECK. Do you have any idea how serious that is/the medical reprecussions/the devestation that comes with such an injury?
 

Cyclops II*

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Ensane said:
Worse on the conscience for sure. But the main thing is to keep in mind, the DA would have to convince a jury that not only did Heatley unequiovocally exceed the limits, but that he did so on purpose. IIRC, there was a lack of evidence to support such charges. The DA obviously thought that not only was there a good chance that he couldn't do that, but it was in the best interest of public policy to not file charges since there was no uproar from Snyder's family.

The DA should have to prove Heatley exceeded the speed limit but the law is idiotic if it has to be proven whether he intended to speed. He should be responsible for what happens behind the wheel, if he was well over the speed limit, unless there was a mechanical malfunction.

Re: Bertuzzi

I have defended Bertuzzi based on what I remember from the couple of times I saw replays of the incident. Listening to members of the media I respect - who have watched replays 100's of times - I suspect Bertuzzi deserved the punishment he got. Of course I considered the Moore hit on Naslund to be charging and if the penalty had been called there is a good chance Bertuzzi would not have been seeking retribution.
Moore is entitled to compensation for his injuries and will win his case. The only thing in question is the amount of the settlement.
 

octopi

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Smytty Heart said:
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 :cry: !

Personally, I wish his attorney had sent a letter to Bertuzzi's people stating intent to sue, then they could have settled out of court. They still can, but its more publicized this way.
 

Ensane

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octopi said:
Personally, I wish his attorney had sent a letter to Bertuzzi's people stating intent to sue, then they could have settled out of court. They still can, but its more publicized this way.
Do you honestly believe that Bertuzzi's people didn't see this coming?

Honestly...
 

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octopi said:
Personally, I wish his attorney had sent a letter to Bertuzzi's people stating intent to sue, then they could have settled out of court. They still can, but its more publicized this way.

There was no reason for Bertuzzi to settle until the case was filed. If the statute of limitations had passed he wouldn't have to pay anything. Now it will be settled out of court if the lawyers can agree on a figure.
 

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Cyclops II said:
There was no reason for Bertuzzi to settle until the case was filed. If the statute of limitations had passed he wouldn't have to pay anything. Now it will be settled out of court if the lawyers can agree on a figure.
I think filing a year ago was a bit of a give away. :sarcasm:
 

Cyclops II*

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Hasbro said:
I think filing a year ago was a bit of a give away. :sarcasm:


What are you talking about? The court case in Colorado? Wasn't the Ontario application just filed?
 

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Cyclops II said:
What are you talking about? The court case in Colorado? Wasn't the Ontario application just filed?
Yes and yes.

Bertuzzi is a very dumb individual, but being filed on once should have given him some idea there might be another suit.
 

Ensane

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Hasbro said:
Yes and yes.

Bertuzzi is a very dumb individual, but being filed on once should have given him some idea there might be another suit.
Even if he didn't expect it, I'd at least hope whatever legal team his big dollars is garnering could have. Otherwise, it's going to be an easy case for Moore and his family.
 

Wetcoaster

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Jon Prescription said:
Nearly killing someone should definately warrent some pain and suffering. Not 12M worth of pain an dsuffering, but a decent amount.
The claim for the 15 million is for loss of past income and loss of future income earning capacity. It may well go beyond his NHL salary and impinge on his ability to do other work also.

Pain and suffering are an entirely different classification of damages (non- pecuniary) unlike loss of income which are pecuniary in nature.

In Canada since the 1978 Trilogy cases in the Supreme court of Canada, pain and suffering damages are capped at $100,000 in 1978 dollars (approximately $300,000 today)
 

Wetcoaster

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Bobby Ryan Getzlaf said:
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.
The claim for loss of income and loss of future earning capacity has nothing to do with therapy and other medical costs. Those are different types of damages.

It depends upon how serious Moore's PCS symptoms may be. The loss of future earning capacity claim may go well beyond his NHL career and encompass post NHL employment.
 

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Ensane said:
Even if he didn't expect it, I'd at least hope whatever legal team his big dollars is garnering could have. Otherwise, it's going to be an easy case for Moore and his family.

Sez you. It was already thrown out in Colorado and he hasn't even filed in BC because they have limits on what can be awarded.
 

Alan Jackson

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Garry Valk said:
He BROKE Steve Moore's NECK. Do you have any idea how serious that is/the medical reprecussions/the devestation that comes with such an injury?

I get really tired of repeating this, but Moore's neck injury has NOTHING to do with not being able to resume his career. The neck, from what I have read, is fully healed - and there was never a question that it would fully heal.
 

west in the east

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Alan Jackson said:
I get really tired of repeating this, but Moore's neck injury has NOTHING to do with not being able to resume his career. The neck, from what I have read, is fully healed - and there was never a question that it would fully heal.

Also, he did not break his neck in the sense that people usually associate with it. Doctors have said that all he did was crack the back of the vertibra. The part on the sticks out the back (yes, Im going laymans). There was never any danger of paralysis. The injurey in question PCS. There is not way of telling that he wont be able to play again. Only time will tell. Its also an injurey where a week or two wouldnt make any significant difference. Therefore the timing is suspect.
 

Wetcoaster

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west in the east said:
Also, he did not break his neck in the sense that people usually associate with it. Doctors have said that all he did was crack the back of the vertibra. The part on the sticks out the back (yes, Im going laymans). There was never any danger of paralysis. The injurey in question PCS. There is not way of telling that he wont be able to play again. Only time will tell. Its also an injurey where a week or two wouldnt make any significant difference. Therefore the timing is suspect.
The treating physicians at Vancouver General Hospital had a slightly different take on the seriousness of the injury. In a press conference they stated that the fractures were "through and through" - i.e. the vertebrae were fractured top to bottom and front to back. However fortunately for Moore the fractures did not displace.

Spinal surgeon Dr. Brian Kwon compared the injury to a glass that has been dropped and fractures but does not break into pieces (aka displace). He pointed out that slightly more torque to the neck could well have resulted in a catastrophic spinal cord injury and he noted that it was likely Moore's excellent physical condition and strong neck musculature that prevented such a tragedy. Dr. Kwon in response to a question from one of the media agreed that the injury could be described as a broken neck.

As far as the timing, the limitation period was expiring the following day (February 16, 2006) if Moore's theory of civil conspiracy, negligent supervision and assault was to be properly pleaded. The timing was not suspect - simply put time was up.
 

west in the east

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Wetcoaster said:
The treating physicians at Vancouver General Hospital had a slightly different take on the seriousness of the injury. In a press conference they stated that the fractures were "through and through" - i.e. the vertebrae were fractured top to bottom and front to back. However fortunately for Moore the fractures did not displace.

Spinal surgeon Dr. Brian Kwon compared the injury to a glass that has been dropped and fractures but does not break into pieces (aka displace). He pointed out that slightly more torque to the neck could well have resulted in a catastrophic spinal cord injury and he noted that it was likely Moore's excellent physical condition and strong neck musculature that prevented such a tragedy. Dr. Kwon in response to a question from one of the media agreed that the injury could be described as a broken neck.

As far as the timing, the limitation period was expiring the following day (February 16, 2006) if Moore's theory of civil conspiracy, negligent supervision and assault was to be properly pleaded. The timing was not suspect - simply put time was up.

I stand corrected as far as the injurey. As for the limitations, given the nature of PCS though, it would not have made a significant difference if they had filed 2 weeks ago as far as knowing its progression and whether or not they could tell if Moore could play again. I know that it is not common practice to wait until the last mintue if the is not needed, and in this cases it was not needed. That is why it is suspect. There is no reason why they had to wait until this time.
 

Ensane

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west in the east said:
I stand corrected as far as the injurey. As for the limitations, given the nature of PCS though, it would not have made a significant difference if they had filed 2 weeks ago as far as knowing its progression and whether or not they could tell if Moore could play again. I know that it is not common practice to wait until the last mintue if the is not needed, and in this cases it was not needed. That is why it is suspect. There is no reason why they had to wait until this time.
Sure there is. He waited to the last minute holding out for any hope or sign that he could begin to resume his career.
 

Cyclops II*

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Hasbro said:
Yes and yes.

Bertuzzi is a very dumb individual, but being filed on once should have given him some idea there might be another suit.

His lawyers would certainly anticipate that he would file somewhere in Canada after the case wasn't heard in Colorado. What I meant was that while they would anticipate it I assume they wouldn't consider negotiaiting a settlement until it was actually filed. Moore's lawyers could screw up the dates and miss the deadline and he wouldn't have to pay a cent. Alternatively Moore might not have had the money for another court case (not likely in this case because his brother can certainly afford it even if he can't).
 

bling

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Cyclops II said:
His lawyers would certainly anticipate that he would file somewhere in Canada after the case wasn't heard in Colorado. What I meant was that while they would anticipate it I assume they wouldn't consider negotiaiting a settlement until it was actually filed. Moore's lawyers could screw up the dates and miss the deadline and he wouldn't have to pay a cent. Alternatively Moore might not have had the money for another court case (not likely in this case because his brother can certainly afford it even if he can't).

I am sure you think you are being clever by dragging Domenic into this but I would assume that the lawyers in this case are doing it for a chunk of the settlement, which is how nearly all cases of this sort are handled.
 

west in the east

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Ensane said:
Sure there is. He waited to the last minute holding out for any hope or sign that he could begin to resume his career.

Again, a weak excuse given the nature of the injury. Two weeks would not provide enough time for any noticable change in his condition.
 

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bling said:
I am sure you think you are being clever by dragging Domenic into this but I would assume that the lawyers in this case are doing it for a chunk of the settlement, which is how nearly all cases of this sort are handled.
Especialy A highly publicised trial as well. The publicity alone is worth doing the case on contingency.
 
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