Bertuzzi/Moore

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Bertuzzi/Moore

Postby volsungr » Wed Sep 14, 2011 3:49 pm

http://www.tsn.ca/nhl/story/?id=375814

Will be going to court next year.
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Re: Bertuzzi/Moore

Postby dhabums » Wed Sep 14, 2011 7:52 pm

volsungr wrote:http://www.tsn.ca/nhl/story/?id=375814

Will be going to court next year.


Mostly likely will be settling out of court days or hours before. I sure hope Moore's parents get the millions they are seeking for their suffering.
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Re: Bertuzzi/Moore

Postby Scintillator » Wed Sep 14, 2011 8:35 pm

Moore has already received his 15 seconds of infamy. Tried and failed to play a man`s game; his elbow wrote a cheque that fecked his neck. So be it. :devil:
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Re: Bertuzzi/Moore

Postby Jovorock » Wed Sep 14, 2011 8:39 pm

Moore is a pussy and a piece of shit
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Re: Bertuzzi/Moore

Postby Eddy Punch Clock » Wed Sep 14, 2011 9:16 pm

Jovorock wrote:Moore is a pussy and a piece of shit


I was hoping you were going to use the word "Rockets" in this thread to complete the trifecta.

Something like... "I wish Moore would just smoke some rockets, relax and realize just what a big pussy and piece of shit he is."

:wink:
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Re: Bertuzzi/Moore

Postby ESQ » Thu Sep 15, 2011 8:33 am

I remember hearing several years back when the lawsuit began that because Moore was suing a fellow NHLPA member, he was forfeiting his PA disability pension -basically gambling that a lawsuit would be more lucrative than the sure-thing of a pension. Once he lost his application to sue in Colorado, he basically lost the war. Damages in Canada are probably 1/10th what he would have received down there, and the delay has only seen the game become filled with more consensual violence and catastrophic injuries. That's why I doubt there will be a settlement - Moore needs the huge payday to make up for the pension and Bertuzzi's lawyers are smelling victory.
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Re: Bertuzzi/Moore

Postby Jovocop » Thu Sep 15, 2011 10:08 am

ESQ wrote:I remember hearing several years back when the lawsuit began that because Moore was suing a fellow NHLPA member, he was forfeiting his PA disability pension -basically gambling that a lawsuit would be more lucrative than the sure-thing of a pension. Once he lost his application to sue in Colorado, he basically lost the war. Damages in Canada are probably 1/10th what he would have received down there, and the delay has only seen the game become filled with more consensual violence and catastrophic injuries. That's why I doubt there will be a settlement - Moore needs the huge payday to make up for the pension and Bertuzzi's lawyers are smelling victory.


Not that I care about Bertuzzi, but Moore deserves it. He was a fringe NHL player that was trying to hit a jackpot with this incident...
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Re: Bertuzzi/Moore

Postby dhabums » Thu Sep 15, 2011 11:43 am

Jovocop wrote:
ESQ wrote:I remember hearing several years back when the lawsuit began that because Moore was suing a fellow NHLPA member, he was forfeiting his PA disability pension -basically gambling that a lawsuit would be more lucrative than the sure-thing of a pension. Once he lost his application to sue in Colorado, he basically lost the war. Damages in Canada are probably 1/10th what he would have received down there, and the delay has only seen the game become filled with more consensual violence and catastrophic injuries. That's why I doubt there will be a settlement - Moore needs the huge payday to make up for the pension and Bertuzzi's lawyers are smelling victory.


Not that I care about Bertuzzi, but Moore deserves it. He was a fringe NHL player that was trying to hit a jackpot with this incident...


BTW, this "incident" was a career ending injury that may or may not have caused permanent injury to his brain. I'm not onside with his ridiculous claim, but he certainly deserves to be compensated for his losses.
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Re: Bertuzzi/Moore

Postby Scintillator » Thu Sep 15, 2011 11:56 am

dhabums wrote:BTW, this "incident" was a career ending injury that may or may not have caused permanent injury to his brain. I'm not onside with his ridiculous claim, but he certainly deserves to be compensated for his losses.


DESERVES compensation. Seriously?! Bums, have you so thouroughly guzzled the "entitlement" generation's koolaid that you truly believe this... or are you just a world-class troll?

Tell you what ~ he can have every penny that Naslund NEVER GOT because he quit playing 3 to 4 years earlier than he would have had he not been ELBOWED in the HEAD by that #@*#@&%!!! little bag o'turds. Nazzy was never the same once that punk laid him out.

As for anyone that wants to argue that Bert is somehow more culpable for his actions than the little pussy was for his, I just hope that if Bert ends up paying damages to the punk that the very next day Nazzy files suit to take 50% of his award. Not that Markus would ever stoop so low.
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Re: Bertuzzi/Moore

Postby dhabums » Thu Sep 15, 2011 1:13 pm

Scintillator wrote:
dhabums wrote:BTW, this "incident" was a career ending injury that may or may not have caused permanent injury to his brain. I'm not onside with his ridiculous claim, but he certainly deserves to be compensated for his losses.


DESERVES compensation. Seriously?! Bums, have you so thouroughly guzzled the "entitlement" generation's koolaid that you truly believe this... or are you just a world-class troll?

Tell you what ~ he can have every penny that Naslund NEVER GOT because he quit playing 3 to 4 years earlier than he would have had he not been ELBOWED in the HEAD by that #@*#@&%!!! little bag o'turds. Nazzy was never the same once that punk laid him out.

As for anyone that wants to argue that Bert is somehow more culpable for his actions than the little pussy was for his, I just hope that if Bert ends up paying damages to the punk that the very next day Nazzy files suit to take 50% of his award. Not that Markus would ever stoop so low.


I am world class, that's for sure. It's an overused term these days, but whatever.

What Moore did to Naslund was completely in the realm of hockey. Should have been a penalty. Should have been dealt with by our team at the time. It wasn't. That happens all the time. What Bertuzzi did is not a part of hockey. In fact, it's not even close. You may not have heard, but even our rather soft criminal justice system agrees.

Maybe when your kid is left unconscious and bleeding on the ice because of a sucker punch to the back of the head you'll come around. You know, when his lively hood and future are permanently affect. Hopefully you'll never have to find out.
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Re: Bertuzzi/Moore

Postby Jovocop » Thu Sep 15, 2011 1:53 pm

dhabums wrote:I am world class, that's for sure. It's an overused term these days, but whatever.

What Moore did to Naslund was completely in the realm of hockey. Should have been a penalty. Should have been dealt with by our team at the time. It wasn't. That happens all the time. What Bertuzzi did is not a part of hockey. In fact, it's not even close. You may not have heard, but even our rather soft criminal justice system agrees.

Maybe when your kid is left unconscious and bleeding on the ice because of a sucker punch to the back of the head you'll come around. You know, when his lively hood and future are permanently affect. Hopefully you'll never have to find out.


We can argue forever whether Bertuzzi's punch was the main cause of Moore's broken neck or the players who jumped on top of Bertuzzi. Again, whether Moore had a NHL career to begin with is questionable. He was a fringe NHL player who could simply lose his job after one season. As I said, I am not siding with Bertuzzi nor saying that his action was right. I simply dislike Moore's greed.
Last edited by Jovocop on Thu Sep 15, 2011 4:01 pm, edited 1 time in total.
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Re: Bertuzzi/Moore

Postby rats19 » Thu Sep 15, 2011 3:05 pm

Nobody ever mentions the stick....
You are who you hang with.....
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Re: Bertuzzi/Moore

Postby Meds » Thu Sep 15, 2011 3:50 pm

Jovocop wrote:
dhabums wrote:I am world class, that's for sure. It's an overused term these days, but whatever.

What Moore did to Naslund was completely in the realm of hockey. Should have been a penalty. Should have been dealt with by our team at the time. It wasn't. That happens all the time. What Bertuzzi did is not a part of hockey. In fact, it's not even close. You may not have heard, but even our rather soft criminal justice system agrees.

Maybe when your kid is left unconscious and bleeding on the ice because of a sucker punch to the back of the head you'll come around. You know, when his lively hood and future are permanently affect. Hopefully you'll never have to find out.


We can argue forever whether Bertuzzi's punch was the main cause of Moore's broken neck or the players who jumped on top of Bertuzzi. Again, whether he had a NHL career to begin with is questionable. He was a fringe NHL player who could simply lose his job after one season. As I said, I am not siding with Bertuzzi nor saying that his action was right. I simply dislike Moore's greed.


I actually do side with Bert on this, though not justifying his actions. I don't think Bertuzzi should be on the hook for any settlement here, as Jovo points out, the argument will forever rage over whether or not it was the punch or the dog pile that caused the serious injury to Moore's neck, but based on that (and the afore mentioned "entitlement generation" koolaid) Bertuzzi shouldn't be facing fiscal punishment alone.
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Re: Bertuzzi/Moore

Postby Mondi » Thu Sep 15, 2011 5:21 pm

My knowledge of tort law is rusty, but if the plaintiff merely has to establish on a balance of probabilities that BUT FOR the punch he would not have been injured then Mr. Moore has a pretty good case to make.

However, the issue of the stick and the dog pile may represent significant intervening events that break the chain of causation.

Now that I think about it, this is more than likely a battery claim which is an intentional tort. Clearly Bertuzzi intended to commit battery though I suppose Bertuzzi's best defence will be (implied) consent. One would have to go to the Ontario case law to determine whether or not defendant's committing sucker punches in the course of a hockey game have been found civilly liable. I once talked to Brian Burke about this issue and he told me there is a long series of cases with respect civil liability in hockey. Unfortunately he did not explain further.

To me the fact that an NHL player might get sucker punched in a game (it does happen quite often) suggests a level of implied consent on Moore's part.

Unfortunately I do not know enough about this area of law to know anything with respect to quantum of damages and/or defences. Further, I do not know if the level of injury affects implied consent (i.e. you consent to a black eye but not a serious concussion).

This case will settle out of court. Likely we will never know the amount it will settle for.
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Re: Bertuzzi/Moore

Postby Jovorock » Thu Sep 15, 2011 7:44 pm

dhabums wrote:
Maybe when your kid is left unconscious and bleeding on the ice because of a sucker punch to the back of the head you'll come around. You know, when his lively hood and future are permanently affect. Hopefully you'll never have to find out.

If this happened to my kid and his name was Steve Moore I would of been ok with it. :D
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