Bertuzzi and Moore settled? (MOD WARNING: Post #13)

[Nona Di Giuseppe]

Maybe they told Steve the case was settled and he forgot.

Shoot. We woulda called that "Exhibit A".

 

[Wisp]

Well that nightmare is settled.

 

[IntangiBo]

Hate nonsensical, anti-lawyer rhetoric, especially when it obviously doesn't apply in cases such as this.

It is easy to do though.

You'd think everyone would be a lawyer, it's so easy and you make piles of cash.

 

[RandV]

Sure there are. And details that are public knowledge, like Moore turning down a Ducks tryout. Interesting article in that Toronto Sun rag about how the entire league has shunned poor Steve. where there's smoke there's usually fire, they say.

I highly doubt it's relevant, but going back to the original instigating hit on Naslund I wonder the NHL's recent (in terms of this trial) change in how it evaluates hits & suspensions?

Moore always played the innocent little butterfly, saying his hit on Naslund was ruled 'clean' and the Canucks had no justification for going after him. Put that video under today's level o scrutiny though and it's probably a 3-5 game suspension.

 

[RobertKron]

Sure there are. And details that are public knowledge, like Moore turning down a Ducks tryout. Interesting article in that Toronto Sun rag about how the entire league has shunned poor Steve. where there's smoke there's usually fire, they say.

How would that be at all damaging to Moore or his case?

 

[IntangiBo]

How would that be at all damaging to Moore or his case?

It's strange that people think a guy who STILL is suffering for PCS would have taken a BS offer from Burke a decade ago.

 

[Seattle Totems]

I still don't understand how that incident led to permanent brain damage. I think he milked it, the league shunned him, and now he's dragging his heels signing off on the agreement so Bertuzzi can't attend training camp and get another NHL contract. He wants revenge.

 

[Canucker]

It's strange that people think a guy who STILL is suffering for PCS would have taken a BS offer from Burke a decade ago.

Is he? He claims he is, but how do you know he really is suffering like he says? Personally, I think he's full of ****.

 

[BobbyJazzLegs]

Really? When $25m is at stake, you think someone can still get away with "faking it"?

 

[Barney Gumble]

Really? When $25m is at stake, you think someone can still get away with "faking it"?

Doesn't have to be a "black or white" situation....eg., does he have PCS or not...but rather how badly is he suffering from it really. Course, it might be the case, only Steve knows the answer to that one.

 

[Canucker]

Really? When $25m is at stake, you think someone can still get away with "faking it"?

Of course...why not? Why would you think that $25m would stop, or prevent someone from faking? Thats a fairly naive view.

 

[BobbyJazzLegs]

Of course...why not? Why would you think that $25m would stop, or prevent someone from faking? Thats a fairly naive view.

You think the parties who have to pony up would not be doing some kind of due diligence? This has to be part of the trial process at the very least.

"Nah, it's ok. We believe you bro. Have some cash."

 

[Scurr]

You think the parties who have to pony up would not be doing some kind of due diligence? This has to be part of the trial process at the very least.

"Nah, it's ok. We believe you bro. Have some cash."

Is there a test for a headache? I thought you kinda had to take their word for it.

If there is a test I hope it's available to all us married men very soon.

 

[BobbyJazzLegs]

I'm sure the defendant's lawyers would be doing anything in their power to discredit his claims.

Can some legal guy throw me a bone here?

 

[Canucker]

You think the parties who have to pony up would not be doing some kind of due diligence? This has to be part of the trial process at the very least.

"Nah, it's ok. We believe you bro. Have some cash."

I'm sure both parties have done an extensive (and expensive) amount of "due diligence", it doesn't mean there is proof of anything one way or another.

 

[BobbyJazzLegs]

Ah well if he can get through that gauntlet, good on him. I'm giving him the benefit of the doubt.

 

[Canucker]

I'm sure the defendant's lawyers would be doing anything in their power to discredit his claims.

Can some legal guy throw me a bone here?

What does a legal guy know about concussions? Shouldn't you be asking for a neurosurgeon?

 

[me2]

It is easy to do though.

You'd think everyone would be a lawyer, it's so easy and you make piles of cash.

I tried to become a lawyer but the devil already had his quota of souls for the day.

 

[BobbyJazzLegs]

What does a legal guy know about concussions? Shouldn't you be asking for a neurosurgeon?

That's what I'm getting at. Someone involved with these kind of things would have an idea of how "experts" are used to form a case for or against.

 

[Canucker]

That's what I'm getting at. Someone involved with these kind of things would have an idea of how "experts" are used to form a case for or against.

In the case of concussions, it would be my guess that its easier for the prosecution to make a pretty damning case against Bertuzzi because of the act itself and the fact that concussions do exist...It would be hard for the defending lawyer to refute anything put forward by Moore and his lawyer...If Moore claims he's a basket case now because of Bertuzzi, all they have to do is show footage of him getting clobbered and it would be an easy sell. It doesn't mean any of Moore's claims are true.

 

[Another Empty Netter]

injury

compression fracture cervical spine heals in 6-12 weeks if mild to moderate.

concussion symptoms are subjective.

 

[Seattle Totems]

It's not like his skull was caved in or fractured. His concussion was the result of whiplash if I remember correctly. How long does a typical concussion under these circumstances last? I'm very skeptical about his claims.

 

[Javaman]

What does a legal guy know about concussions? Shouldn't you be asking for a neurosurgeon?

Absolutely. Cuz a competent lawyer in a case such as this would never ever consult a competent and relevant medical professional.

It's strictly a legal opinion kind of thing.

 

[Javaman]

sarcasm emoticon implied

 

[Siludin]

In the case of concussions, it would be my guess that its easier for the prosecution to make a pretty damning case against Bertuzzi because of the act itself and the fact that concussions do exist...It would be hard for the defending lawyer to refute anything put forward by Moore and his lawyer...If Moore claims he's a basket case now because of Bertuzzi, all they have to do is show footage of him getting clobbered and it would be an easy sell. It doesn't mean any of Moore's claims are true.

The thing with compensation in civil claims like these is that it is evaluated based on the lost income or "damages" to the victim, not the seriousness/maliciousness of the hit (where the punishment is typically determined either by the NHL's self-regulation or a criminal court in Bertuzzi's case). For instance, if Moore suffered from latent epilepsy, and Bertuzzi's hit caused Moore to start suffering from seizures, Bertuzzi would be obligated to compensate for the seizures regardless of any prior knowledge of the epilepsy. In the case of Moore, they must evaluate the damages based on Moore's current condition, not necessarily the act that caused it (so long as Bertuzzi is at guilt for that particular act, that is).

So in this case, Moore's inability to play hockey during these years is absolutely critical for determining the compensation for this case; the compensation is directly correlated to lost income.