Give it up Moore!!!!!

[Cyclops II*]

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.

No I wasn't being clever. I was talking in generalities. I know from experience if you are going to court against an individual/entity richer than you they will try to drag it out until you run out of money. I just meant that even in the unlikely event that Steve, or his parents, couldn't afford to pursue it I am sure his brother would help so the appeals wouldn't die because of lack of funds.
I know lawyers do accept cases for a percentage of the settlement. I assume they would only do it when there is very little chance of losing as is the case here.

 

[JV]

One other thing that people might consider: if Moore has filed a jury notice, the case will be decided (if tried) by 6 people who are unlikely to be more than casual hockey fans. We tend to get used to some of the stuff that goes down on the ice, and some here see this as little more than a regrettable instance of a player going over the line. A jury is unlikely to see it that way. I know the people I spoke to after the hit who were not hockey fans were completely disgusted.

About 95% of civil cases are settled without a trial. I'd say the chances of this one ever reaching a courtroom are even less than 5%.

Whether Orca Bay and the Canucks are self-insured to any degree or not, I would expect them to have seperate counsel. At a certain point, there will be some interesting discussions between Bert's the Canuck's lawyers about who is going to pay what portion of any settlement. The case against Bertuzzi is obviously the simpler and easier to prove. And it would be a lot easier for the Canucks to take a hard position (to contribute little or nothing) if Bert were off the roster. If he's on the roster, and considered an important part of the team going forward, it get's more difficult to say "Bert, this is your baby".

Here's a neat scenario (though a stretch): the Nucks think they don't have much risk in the case (exposure to pay damages). So they move Bertuzzi at the deadline or during the off-season, and their lawyers take a hard position in the lawsuit ("we'll chip in a few nickels, but Bertuzzi's gotta pay the bulk"). Bertuzzi gets good advice, and enters into a deal with Moore's lawyers. The deal provides that Bert will pay a certain sum (say, 3 million), and in exchange, he will cooperate with Moore in proving the case against Orca Bay. Bertuzzi's evidence is now a little different ("I was never explicitly told to tone it down, or discouraged in any way from exacting the revenge that had been talked about in the press"). Bertuzzi's exposure gets capped at 3 million, and the deal provides that anything Moore gets from the Canucks above the 3 is shared 75/25 (just for example) with Bertuzzi. If Moore get's an additional 4 million from the Nucks, Bert gets a million back, and Moore gets the balance, bringing his total recovery up to 5 million (2 from Bert and 3, effectively, from the Nucks). Everybody's happy.

I think it would be a nice switch to see Moore and Bertuzzi on the same side, don't you think?

 

[MarMarSab3]

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 !

Moore deserves every penny he can get so no it's not time to give it up.

 

[Cawz]

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'm glad someone on here knows what they are talking about.

I find it funny that some people are questioning the timing. What kind of society are we living in where people scrutinize the timing that a victim files, because they feel it is inappropiate because of what the assaulter is currently involved in.

Its classless for a victim to file becasue the criminal is currently at the olympics? He should have filed earlier (since he couldnt do it later) because it could be inconvenient to the offender? Wow.

 

[leafnation67]

if he had of stood up to bertuzzi like a man in the first place none of this wouldve ever happened. they would have fought once, and all would be forgotten. i mean honestly, do u really think u can take a free shot at your opponents captain and best player without getting yours? the timing of this really pisses me off to

 

[Hasbro]

if he had of stood up to bertuzzi like a man in the first place none of this wouldve ever happened. they would have fought once, and all would be forgotten. i mean honestly, do u really think u can take a free shot at your opponents captain and best player without getting yours? the timing of this really pisses me off to

He already stood up like a man and fought Cooke.

If Bert had stood up like a man and taken any responcibility for his actions for the last two years none of this would have happened.

 

[guzzy]

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 !

Go Moore

Bertuzzi's actions were that of a coward. To sucker punch another man from behind is ridiculous. Moore deserves every penny he gets. He will win this lawsuit but in Canada it is hard to win this kind of money in a lawsuit. People like you need to quit complaining about Moore. If he was your kid you would be doing the exact same thing.

 

[triggrman]

He already stood up like a man and fought Cooke.

If Bert had stood up like a man and taken any responcibility for his actions for the last two years none of this would have happened.

No see he has to fight the whole team, except a star player because you can't hit a star player or you have to fight the rest of the team. Is Bertuzzi a "star" player? I think he is, so therefor is moore had hit Bertuzzi he would have to fight Brookbank since he hit a star player and then fight Cooke and Jovanoski, oh wait Jovo is a star too, got to fight Cooke again and Ruutu who's brother is a star, I don't know if brothers count so this might have ended it....

 

[guzzy]

He already stood up like a man and fought Cooke.

If Bert had stood up like a man and taken any responcibility for his actions for the last two years none of this would have happened.

I agree with the first statement. Him and Cooke fought, it should have been over. Bertuzzi being the former coward he was, took it one step further (probably encouraged by Crawford who should be as guilty as Bert).

Bert did take responsibility but no one in their right mind would admit financial responsibility in a case like this.

 

[bleedgreen]

everyone knew this was coming. moore had a right, and now its being followed through. lawsuits take years, regardless of whether or not the nhl has moved on this is going to happen. moore didnt lose his case, he was told to take it somewhere more appropriate. they are doing that now, and he'll win his lawsuit. people who think moore is dragging this out or the timing is intentional should step out of the house and see how the real world works. this isnt unusual in the world of lawsuits.

 

[Hasbro]

I agree with the first statement. Him and Cooke fought, it should have been over. Bertuzzi being the former coward he was, took it one step further (probably encouraged by Crawford who should be as guilty as Bert).

Bert did take responsibility but no one in their right mind would admit financial responsibility in a case like this.

In the first case no, he's still letting Nikolishin take heat and blame shifting to the victim take place and "Didn't mean to hurt Moore". In the second place no, I'm sure people settle cases to put an end to the issue and defray the costs a suit would take up.

 

[Wetcoaster]

No I wasn't being clever. I was talking in generalities. I know from experience if you are going to court against an individual/entity richer than you they will try to drag it out until you run out of money. I just meant that even in the unlikely event that Steve, or his parents, couldn't afford to pursue it I am sure his brother would help so the appeals wouldn't die because of lack of funds.
I know lawyers do accept cases for a percentage of the settlement. I assume they would only do it when there is very little chance of losing as is the case here.

Contingency fee agreements were only recently introduced in Ontario (2004????) but they have been used for years in other provinces such as BC. The insurance industry battled hard to keep them out of Ontario because it generally means the defendant has to face a more experienced counsel than would be the case on a fee for service arrangement.

Contingency fee agreements are most common in personal injury claims (such as Moore), product liability cases and class actions and less so in other areas such as breach of contract. In BC contingency fees are NOT permitted in family law cases involving child custody or access and they are only permitted in other types of family law cases with the prior approval of the court.

In BC a claim for personal injury (or death) from a motor vehicle accident, the maximum contingency fee allowed is 33.33% of the amount recovered. In all other cases involving personal injury or death, the maximum allowed is 40% of the amount recovered.

Contingency fee must be in writing and are subject to court review to ensure the fee ultimately paid is fair in all the circumstances. Contingency fee agreements can be reviewed within three months after the agreement was made or terminated.

I believe Ontario has adopted the BC model.

Over the years I have taken cases on contingency that are contested on liability or difficult to prove quantum of damages and that is quite commonplace amongst counsel at least in BC. For many clients but for contingency fees, they would be unable to proceed with a case. I have had to eat some sizeable time invested in cases over the years. In many cases counsel will also finance the expert reports and even living expenses where a client is unable to do so.

For clients with limited resources, this gives them the opportunity to pursue their legal rights where lack of money would otherwise foreclose their opportunity to seek redress. It also encourages the lawyer to be most diligent, work hard and maximize the client's award or settlement. It also means that a person can obtain top flight legal counsel to work on his/her behalf.

 

[Wetcoaster]

Go Moore

Bertuzzi's actions were that of a coward. To sucker punch another man from behind is ridiculous. Moore deserves every penny he gets. He will win this lawsuit but in Canada it is hard to win this kind of money in a lawsuit. People like you need to quit complaining about Moore. If he was your kid you would be doing the exact same thing.

In Colorado his potential damages would have been pretty the same as he would have in BC or Ontario. The largest head of damages is for loss of income - i.e loss of past income and loss of future earning capacity and that calculation would be the same in Colorado or a Canadian jurisdiction.

In Canada since 1978 in the "Trilogy cases", the Supreme Court of Canad capped pain and suffering damages at $100,000 (now about $300,000 in today's dollars). That is the portion of the damages that has led to huge awards in some states in the US such as California. However Colorado like Canada has also capped pain and suffering damages.

In fact Colorado also capped punitive damage awards and aggravated damage awardsunlike BC and Ontario. The Supreme Court of Canada has recently failed to overturn sizeable punitive damage awards.

 

[Belarus Rocket]

I got no pity for Bertuzzi,He punch Moore In the back and ruined Is career,now he gotta be responsible and take responsability for what he did.

 

[Gumballhead]

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

That just means you have the value system of an ape.

 

[FlyerFan]

I agree with the first statement. Him and Cooke fought, it should have been over. Bertuzzi being the former coward he was, took it one step further (probably encouraged by Crawford who should be as guilty as Bert).

It's NEVER over. When you're a physical player and throw your checks and injure other players (intentionally or not) you have to be prepared to "throw down" when the said physical play attracts the attention of an enforcer/tough guy.

By refusing to fight Bertuzzi, Moore demonstrated a lack of respect for the role of an enforcer/tough guy and therefore the game which facilitated this incident.

 

[kingpest19]

It's NEVER over. When you're a physical player and throw your checks and injure other players (intentionally or not) you have to be prepared to "throw down" when the said physical play attracts the attention of an enforcer/tough guy.

By refusing to fight Bertuzzi, Moore demonstrated a lack of respect for the role of an enforcer/tough guy and therefore the game which facilitated this incident.

i think a better player to use would be brad may rather than todd bertuzzi

 

[Cawz]

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.

I never understand why people bring Heatley into this. Just because they are both hockey players, for some reason people think its comparable? Are we going to compare Bertuzzi to Tocchet's case as well? How about the players that sexually assulted someone in the hotel room. I mean, they are hockey players right, so we can use it as a comparison?

Plus, on saying his parents get nothing. Imagine if you were watching your son get his neck broken by that idiot. Is it that hard to believe that some emotional stress would come out of that?

 

[Cawz]

It's NEVER over. When you're a physical player and throw your checks and injure other players (intentionally or not) you have to be prepared to "throw down" when the said physical play attracts the attention of an enforcer/tough guy.

By refusing to fight Bertuzzi, Moore demonstrated a lack of respect for the role of an enforcer/tough guy and therefore the game which facilitated this incident.

So Bertuzzi didnt bother to do anything about it the game that the Naslund hit happened, or the next game, or earlier in the next game after that?

Its funny that people say Moore should drop it. Why didnt Bertuzzi drop it, since Naslund only missed, what, 3 games due to the legal hit? Is it Moores fault that Naslund put himself in a bad position and couldnt take a hit? We all saw Sundin get nailed the other week. Should Exelby have to throw down for the next few games?

You shouldnt have to "throw down" 2 games later for something that wasnt realy that bad. I can see it in the game that an incident happens, not 2 games later when you play them next at home.

You should be prepared to throw down right when the incident happens. After that, everyones supposed to get back to hockey. Thats where Bertuzzi demonstrated a lack of respect for the role of a hockey player.

 

[Ol' Jase]

It's NEVER over. When you're a physical player and throw your checks and injure other players (intentionally or not) you have to be prepared to "throw down" when the said physical play attracts the attention of an enforcer/tough guy.

By refusing to fight Bertuzzi, Moore demonstrated a lack of respect for the role of an enforcer/tough guy and therefore the game which facilitated this incident.

Yet another opinion skewed by missing facts. How many times did Moore have to fight? 1, 2, 10?

If you want to get into 'lack of respect' for the tough guy role, how many tough guy's do you know that sucker punch guys from behind for 'payback'? I can only think of one, and his name is Todd Bertuzzi.

 

[Crazy_Ike]

Hopefully Moore wins big. Bertuzzi deserves nothing but contempt for having the mindset of a sheep and following through on his neanderthal urges.

 

[Youreallygotme]

the funny thing is, We're all hypocrites and nobody is really objective on this. Case in point, if Bertuzzi playede on your favourite team, you would be emotionally attached to him and be saying the same thing as canucks fans now(deny it all you want its true). Most people hated Bertuzzi before the incident, so they already had a vendetta against him. I'd probably be saying the same thing as all the bertuzzi haters if i wasnt a nuck fan.

Thus almost all arguements here are useless because you see what you want to see. I think its funny that people are trying to show knowledge of the legal system - its objective and we all have biased views.

 

[Blackshad]

Hey big brain, Bertz ended his carrer.
I would be pissed too if Bertz ended my carrer.

 

[guzzy]

It's NEVER over. When you're a physical player and throw your checks and injure other players (intentionally or not) you have to be prepared to "throw down" when the said physical play attracts the attention of an enforcer/tough guy.

By refusing to fight Bertuzzi, Moore demonstrated a lack of respect for the role of an enforcer/tough guy and therefore the game which facilitated this incident.

Moore wasn't a physical player to begin with. Naslund had his head down and shouldn't have exposed himself the way he did. Moore let off the hit which is good for Naslund because it would have taken his head clean off. Cooke fought him - end of story. Moore is not a fighter. He took his beats and it should have been over. That wasn't enough for Crawford and Bertuzzi though. Moore didn't disrespect the game of Bertuzzi or anyone else for that matter.

 

[Little Wing]

Yet another opinion skewed by missing facts. How many times did Moore have to fight? 1, 2, 10?

If you want to get into 'lack of respect' for the tough guy role, how many tough guy's do you know that sucker punch guys from behind for 'payback'? I can only think of one, and his name is Todd Bertuzzi.

well put. this thing needs to end. Bertuzzi is an idiot, and crawford's had a vendeta against the Av's so we know what went down. Just put it to rest