Secret Agreement to Drop Crawford Ordered Revealed - Brain Injury see Post #114

[Wetcoaster]

I do feel bad Moores career ended and he was hurt so bad but also have always had a few
other questions that come out of all this.
Why was NHL not sued itself they were in charge and should have known or reasonably expeted further trouble after Moores hit on Naslund , the original hit on Naslund by Moore was a nasty late shot effectively it sent Naslunds career on a downward spiral he was never the same afterwards.
Colorados coach left Moore out there knowing full well he was responsible Granato either was really adding insult to injury or leaving his player to stand up for his actions why has he never been asked which or why they were up a huge margin why was Moore on the ice in Vancouver , may not matter but all those things played a part why are they left out ,

You are trying to re-write history. Burke and Crawford were as off the wall in claiming it was illegal or not hockey play as were Chiarelli and Julien in claiming the Marchand hit was legal and a hockey play.

Moore's hit on Naslund was a legal hit as called on the ice and after video review by the NHL.

If any of the plaintiffs or defendants would have thought there was any possibility that Granato or the Avs (or the "dogpile players" for that matter) were liable they would have been added to the law suit. They were not added because they are irrelevant to the case.

The NHL is not a party to the suit. If any of the Defendants believed they were so liable then it was open to any of them to join the NHL as a third party defendant and they have not done so. The reason being I can see no grounds for such a motion. That is the same reason why the Avalanche, Tony Granato or the "dogpile players" are not part of this suit - no rational grounds or connection to the criminal conduct of Bertuzzi.

According to the statement released by the NHL when they fined the Canucks the NHL made every effort to try to get the Canucks to get their players under control. The Canucks failed to do so and as result were fined.

In fining the Canucks Colin Campbell said:

"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."

Seems pretty clear that the NHL put some of the responsibility for Bertuzzi's criminal actions upon the Canucks. Moore is using that evidence to make his claim of negligent supervsion and vicarious liability. For the latter claim it is pretty hard to try to claim Bertuzzi was acting outside the scope of his employment given the bounty, revenge and such statements coming from the team.

The last thing Moore wants to do is to make that argument against the NHL because he will be relying upon the statement of the NHL who fined the Canucks for their part in failing to dial down the reactions.

 

[bbud]

You are trying to re-write history. Burke and Crawford were as off the wall in claiming it was illegal or not hockey play as were Chiarelli and Julien in claiming the Marchand hit was legal and a hockey play.

Moore's hit on Naslund was a legal hit as called on the ice and after video review by the NHL.

If any of the plaintiffs or defendants would have thought there was any possibility that Granato or the Avs (or the "dogpile players" for that matter) were liable they would have been added to the law suit. They were not added because they are irrelevant to the case.

The NHL is not a party to the suit. If any of the Defendants believed they were so liable then it was open to any of them to join the NHL as a third party defendant and they have not done so. The reason being I can see no grounds for such a motion. That is the same reason why the Avalanche, Tony Granato or the "dogpile players" are not part of this suit - no rational grounds or connection to the criminal conduct of Bertuzzi.

According to the statement released by the NHL when they fined the Canucks the NHL made every effort to try to get the Canucks to get their players under control. The Canucks failed to do so and as result were fined.

In fining the Canucks Colin Campbell said:

"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."

Seems pretty clear that the NHL put some of the responsibility for Bertuzzi's criminal actions upon the Canucks. Moore is using that evidence to make his claim of negligent supervsion and vicarious liability. For the latter claim it is pretty hard to try to claim Bertuzzi was acting outside the scope of his employment given the bounty, revenge and such statements coming from the team.

The last thing Moore wants to do is to make that argument against the NHL because he will be relying upon the statement of the NHL who fined the Canucks for their part in failing to dial down the reactions.

I know its all been looked over and done , I still say if i was Moores coach he is on my bench at that time i would know what sending him out there would do no brainer it made little sense then still leaves me shaking my head now is all .

 

[NoRaise4Brackett]

The sad part is that this never would have happened if the league had done their job and protected Naslund/ disciplined Moore.... or stepped in before the re-match was played -when there was talk of retribution. The league should -in some way - step up and take some of the blame.

 

[bbud]

The sad part is that this never would have happened if the league had done their job and protected Naslund/ disciplined Moore.... or stepped in before the re-match was played -when there was talk of retribution. The league should -in some way - step up and take some of the blame.

That was part of my opinion as well they treated AVs differently it almost got Moore killed , big part of my issues with GBs leadership he cares little about the game its players or what happens its all about money and power to him nothing else.

 

[Wetcoaster]

The sad part is that this never would have happened if the league had done their job and protected Naslund/ disciplined Moore.... or stepped in before the re-match was played -when there was talk of retribution. The league should -in some way - step up and take some of the blame.

Nothing to discipline Moore for... the hit on Naslund was a legal hit.

 

[Wetcoaster]

I know its all been looked over and done , I still say if i was Moores coach he is on my bench at that time i would know what sending him out there would do no brainer it made little sense then still leaves me shaking my head now is all .

You do not expect a player to commit a serious criminal offence and you do expect them to play within the reasonable limits of the game which Bertuzzi failed to do as the sentencing judge points out. It is all on Bertuzzi. It has nothing to do with the Avs or Tony Granato.

That is why Bertuzzi was convicted and sentenced under the Criminal Code for the offence of assault causing bodily harm as well as receiving a lengthy suspension from the NHL and why he is before the civil courts.

I find it unfathomable that there are people still defending Bertuzzi or trying to minimize his disgraceful and criminal conduct.

 

[SunnyCanuck]

Not for sure

the Aquilini family purchased the shares and therefore all the assets and liabilities of the existing company so the canucks remain on the hook.

Acknowledging the OP has stated there may be an indemnity clause, having sold a company, I can tell you it is standard for sellers to agree to "indemnify," or agree to pay the buyers, if there are any big lawsuit awards for something that happened under before they took over. If not, the buyer lawyer traditionally demands a discount equal to or near the worst case outcome on all known on-going cases. As a result, the seller wisely prefers to take the risk, and if lucky gets off scott free. If not, the seller pays only the actual award, which is only fair.

Or not. Only someone who knows the actual terms of the deal can say for sure. With the Acqulinis fighting the other group for the team, McCaw might taken a take it or leave it position. This however would be a huge gamle that few smart people would want. Imagine if somehow the team were to be held liable for $100 million! That would add 80+% to the price paid!

Finally, Westcoaster it is possible that Orca Bay's insurance may be on the hook? But would it be likely insurance would look for every loophole possible to wiggle out of paying, like criminal act or negligent management, etc? Especially if it could be shown Burke encouraged it?

Anyone have a definitive answer to who will foot the bill? Please cite your source.

 

[Dr Awesome]

Nothing to discipline Moore for... the hit on Naslund was a legal hit.

I'm sure you have been asked this before or few times, but I was wondering what is your legal estimation that Moore will win? 4, 12, 20 or higher number?

 

[bbud]

You do not expect a player to commit a serious criminal offence and you do expect them to play within the reasonable limits of the game which Bertuzzi failed to do as the sentencing judge points out. It is all on Bertuzzi. It has nothing to do with the Avs or Tony Granato.

That is why Bertuzzi was convicted and sentenced under the Criminal Code for the offence of assault causing bodily harm as well as receiving a lengthy suspension from the NHL and why he is before the civil courts.

I find it unfathomable that there are people still defending Bertuzzi or trying to minimize his disgraceful and criminal conduct.

Nowhere have i defended bertuzzis actions here Wet the NHL still plays favorites and injuries result - see Boston last Saturday , point is about NHL and its lack of respect to its players from its top on down why would players be held to a higher standard than the Boss.

 

[BenningHurtsMySoul]

Nothing to discipline Moore for... the hit on Naslund was a legal hit.

Legal, but very foolish. It could be likened to someone like Duco taking a run at Crosby. Shouldn't happen.

 

[neksys]

I'm sure you have been asked this before or few times, but I was wondering what is your legal estimation that Moore will win? 4, 12, 20 or higher number?

In place of Wetcoaster, if this matter is indeed heard in front of a jury its damned near impossible to judge.

That said, pain and suffering awards in Canada are limited to about $330,000. That is the maximum.

There is no cap on past/future loss of earning capacity, aggravated or punitive damages, etc.

 

[Wetcoaster]

I'm sure you have been asked this before or few times, but I was wondering what is your legal estimation that Moore will win? 4, 12, 20 or higher number?

Liability for the battery is not at issue since Bertuzzi has already been convicted at criminal law for assault causing bodily harm.

The real issue will be how much he will be awarded as damages and that will be a function of the medical and actuarial expert reports to a large extent.

 

[Wetcoaster]

In place of Wetcoaster, if this matter is indeed heard in front of a jury its damned near impossible to judge.

That said, pain and suffering awards in Canada are limited to about $330,000. That is the maximum.

There is no cap on past/future loss of earning capacity, aggravated or punitive damages, etc.

As far as a jury, the Canucks have indicated that they may want the matter heard by a judge alone and the court has given them until the end of the month to make the motion for consideration.

Dash also ruled the Canucks must decide by Jan. 31 if they plan to proceed with a motion asking that the trial be heard only by a judge. The Canucks are thought to be considering the motion in the belief a lot of testimony is expected on complicated and technical matters that might be beyond the grasp of ordinary citizens.​

http://www.theglobeandmail.com/spor...lawsuit-against-marc-crawford/article2292332/

 

[Wetcoaster]

The parties were back in court today on several matters and the Defendants conceded that there were closed door discussions which led to Bertuzzi dropping his third party claim against Marc Crawford and Orca Bay (now legally Canucks Sports and Entertainment with a name change) dropping their countersuit against Bertuzzi in return for some sort of financial arrangement and fnancial incentives to Bertuzzi.

Until Monday, lawyers for Bertuzzi and Orca Bay would neither confirm nor deny such a document existed but now it has been filed with the court. The Defendants also admitted that the agreement was entered into in respect of apportionment of financial liability which would be of great benefit to Bertuzzi who is personally liable with no insurance coverage.

Tim Danson has asked for the agreement to be disclosed as he argued that any financial incentive for Bertuzzi could “change the landscape†of his litigation strategy. Also Bertuzzi would no longer be a party adverse in interest to Crawford and Orca Bay which has certain procedural and evidentiary impact.

Master Dash has reserved his decision on ordering the agreement to be published as he is studying it.

(Ontario Superior Court of Justice Master Ronald) Dash did not reveal the amount of the financial consideration or whether it was a straight cash payment to Bertuzzi, who is personally on the hook for damages, or based on a percentage of damages awarded by the jury. The agreement involves Bertuzzi and Orca Bay, the two remaining defendants in the lawsuit.

Alan D’Silva, a lawyer representing Orca Bay (which is now known as Canucks Sports and Entertainment), said “there is no financial incentive in this agreement for anyone to do anything†related to Danson’s claims. However, Dash interjected to say if D’Silva was saying there is no financial incentive at all “then you and I are at issue.â€
...
Dash seemed skeptical of Danson’s argument that the agreement forces him to change his strategy for trial. But when Danson said Bertuzzi and Orca Bay cannot argue they were never at odds over the outcome of the case because they argued as much in an earlier hearing when they successfully received the right to conduct two separate neuropsychological examinations of Moore, Dash said, “That’s an interesting point.â€

Danson said Bertuzzi’s third-party claim against Crawford stated the coach called for one of the Canucks players to attack Moore in retaliation for a hit he made on Canucks star Markus Naslund in an earlier game. Danson said Bertuzzi would have been able to ask former teammates to support him in court but now that he reached an agreement about Crawford those witnesses will not be called. Danson said he does not have the ability to bring those players to court.​

As to the other matters:

There are also two other matters for Dash to consider. Danson said both of the neuropsychological exams conducted on Moore by doctors for Orca Bay and Bertuzzi violated the guidelines established by the court. And Danson may seek a court order to compel Orca Bay to produce additional video footage of the Mar. 8, 2004 game. D’Silva said the company is searching for the material and will provide it when it is found.​

http://www.theglobeandmail.com/spor... RSS/Atom&utm_source=Home&utm_content=2312475

 

[DustyMartellaughs]

The neurological guidelines violated guidelines set by the court? Wow. If I'm a player fighting concussion related symptoms this hardly engenders my faith in doctors paid by the team.

 

[Royal Canuck]

Can't believe this is still going on...I was 14 when this happened.

hahaha I was like 9.

 

[Wetcoaster]

The neurological guidelines violated guidelines set by the court? Wow. If I'm a player fighting concussion related symptoms this hardly engenders my faith in doctors paid by the team.

These would be third party medical experts conducting medical examinations of Moore under the Ontario Rules of Court on behalf of the Defendants, not team doctors.

 

[DustyMartellaughs]

These would be third party medical experts conducting medical examinations of Moore under the Ontario Rules of Court on behalf of the Defendants, not team doctors.

Thanks for the info. I'm curious, then, how exactly guidelines were violated.

I remember the night of the incident, just feeling numb when it happened, and almost like throwing up when it was clear Moore was not anywhere near okay. After the Brashear-McSorley incident, and Maki-Green, I just felt almost ashamed to be a hockey fan. This wasn't hockey, and as much as I didn't much like the Avs, that's a real guy in that jersey, and what happened to him went so far beyond a little payback. It was the last time until the Pacioretyu incident that I felt I was going to see a player killed in an NHL game. Listening to the radio call-in shows that night I was embarrassed to hear Canucks fans defend Bertuzzi's actions, or claim Moore deserved it.

If the NHL doesn't do more about violence someone WILL die. We still see sucker punches go relatively unpunished, and prisons have men who would like very much to take back their one punch homicide.

 

[cotillion]

ahh lawyers and the legal system... what a tangled web

p.s. I do not feel any sympathy for that little dbag. He went after the league's top scorer and refused to step up to the on ice retribution warranted.

 

[DustyMartellaughs]

ahh lawyers and the legal system... what a tangled web

p.s. I do not feel any sympathy for that little dbag. He went after the league's top scorer and refused to step up to the on ice retribution warranted.

Sorry, but that's horse ****. I didn't like his hit on Naslund either, but he didn't duck the rematch and he fought when called out. He had every right, even within the unwritten "code", to not want to go again and fight Bertuzzi.

 

[cotillion]

Sorry, but that's horse ****. I didn't like his hit on Naslund either, but he didn't duck the rematch and he fought when called out. He had every right, even within the unwritten "code", to not want to go again and fight Bertuzzi.

You have your opinion, I have mine.

 

[DustyMartellaughs]

You have your opinion, I have mine.

That's cool. Nothing personal.

 

[canuck4life16]

that lawsuit is still going on...........Moore destroy Naslund career.......

 

[The Zetterberg Era]

I am always confused about this reporting and we just catch mere glimpses of it because he currently plays for the Wings. Thanks for all the info on here.

Couple of questions and I have seen a few of them?

How in the world is the NHL not on this list of liable people/companies?

But more importantly, how did the Colorado Avalanche avoid the guillotine as well? Did they not knowingly put an employee in harms way? Is there no negligence on their part? I mean if you are going to sue everyone under the sun and I do realize this is a sad situation for Steve Moore and his entire family but why some and not the others?

Also just my observation, but this incident if I was Bertuzzi's lawyer would have a simple tactic in argument. While yes the punch might have concussed him, when did the exact traumas of his injuries occur? Was it the sucker punch? Was the more damaging part of this when his own teammates jumped on a pile helping contribute to fractures? I don't know but you can't with any certainty claim when exactly any of those injuries happened in my opinion. Without naming the Avalanche as a defendant because their players were involved in a scrum with him at the bottom of the pile does this really have total merit?

This also might sound kind of harsh but if I am Naslund and his big payday comes through I sue him for lost wages (knee injury, was never the same player, retired maybe earlier than he would have, who knows maybe his knee hurts everyday and it is ruining his retirement) almost on principle.

 

[orcatown]

This is the an actual description by the doctors at VGH

Canadian Press

Wednesday, March 10, 2004

VANCOUVER (CP) - Vancouver Coastal Health's statement Wednesday afternoon on the condition of Colorado Avalanche forward Steve Moore as released at the request of attending physicians Dr. Marcel Dvorak and Dr. Brian Kwon, his spinal surgeons, and Dr. Philip Teal, his neurologist:

"Moore suffered a significant loss of consciousness at the time of the injury. He had a loss of memory for a period of time prior to and after the injury. He is currently stable, awake and recovering.

"Moore's injuries include the following: C3 and C4 transverse process spinal fractures; spine ligament injuries at the C3 and C4 level; a closed head injury with concussion; and multiple facial lacerations and abrasions.

"He is experiencing some post-concussion symptoms. His spinal cord and spinal nerves have not been injured. Moore remains an in-patient on the spinal ward at Vancouver General Hospital under close observation."


The original description of a broken neck grossly simplified and exaggerated the injuries. Fractures to the tranverse process spinal features (the bones that stick out from the back bone) are common (especially in whiplash) and are considered relatively minor injuries. Moore's early release from hospital suggest this was indeed the case. Cherry picking information such as the the bones being broken "through and through" is extremely prejudicial and mostly misleading. As mentioned in the report his spinal cord was not injured and there was no nerve damage. To suggest it was is an absolute distortion.