Thursday, February 16, 2006


More on Moore/Bertuzzi

Just wondering what your thoughts are on the new lawsuit filed against Bertuzzi. Even Moores Parents are suing?!?!? Crazyness.
# posted by Cyndy : 10:58 AM

For the most part, I've refused to entrench myself on either side of the Moore/Bertuzzi issue.

Todd Bertuzzi is not the martyr that Canucks lemmings think he is, nor is he the demon that Crapalanche fans think he is. I'm not a fan at all of Todd Bertuzzi, as a player or a person (from what I know of him), but I don't hate him or care strongly about his personal fortunes.

Still, if Bertuzzi was to be charged and received some punishment from the law, then so be it. I'm uneasy about the law invading the self-policed circle of hockey, but I am not opposed to it. Playing hockey should not make one immune from the laws of the land. To me, Bertuzzi already received a rather harsh punishment (in hockey terms) and continues to receive public punishment from the fans and mediots who will never let forget this incident.

Then, this lawsuit got dropped on Bertuzzi the day the Canadian team started their Olympic quest, and it just made me shake my head in disgust.

His Ontario case seeks loss of income damages of $15 million, punitive damages of $2 million and aggravated damages of $1 million. In addition, Moore's parents are asking for damages of $1.5 million in conjunction with Ontario's Family Law Act because they were watching the game on television in the Toronto area.
$1.5 mil because they were watching the game on TV? WTF?

Dammit, that is just so frickin AMERICAN! Steve, why do your parents deserve a big windfall for seeing this on TV? Should I get $2mil for witnessing a live murder on a TV news program?

Look, I know the object is to sue high and then settle/negotiate a lower amount, but this isn't the USoA. We don't give enormous payouts to people who sue other people. Unlike Texas, we don't see the need to reward millions to some whiny moron who is clumsy enough to spill hot coffee in their lap.

Steve Moore is a ivy league graduate. He's not going to have trouble finding a good job! He wasn't going to make that $19mil in his entire career.
I don't feel sorry for people who try and milk their situation for undeserved payouts. It's not the the fact that he's filing a civil suit that bothers me so much as the obvious cash grab and the whiny way Moore is trying to lash out and get his revenge.

Oh, and an Ontario court? What jurisdiction do they have? The incident took place in Vancouver, not Ontario. You'd think an Ivy League grad would have a better grasp of geography. Duuuurrr..
Moore deserves to lose this case. It's time to move on with your life if you don't intend to play pro hockey again.


In better news, Slovakia beat Latvia 6-3. Will this drive the Latvians to drink even more than usual?

Point taken about Moore's parents. But cut Moore some slack. The poor guy's dream career is going well, he's playing regularly & well until he gets mugged. Now you want him to just forgive & forget and enjoy watching the guy who practically killed him make millions playing in both the NHL & the Olympics? As for Bertuzzi, what harsh punishment did he get? Thirteen games & the 2004 playoffs - is that harsh? Let's assume Moore lasted no more than the minimum average NHL career (4 years). This means Bertuzzi's "punishment" cost Moore 3 years, 246 games, plus playoffs. That's harsh - Bertuzzi got a weak slap on the wrist.

See my comments about this on the FOC. In the meantime, what could be more Canadian than to blame the USA for this lawsuit? Now THAT's whining of the highest order.
Jez, I admittedly don't have any speciality in tort law in Ontario. However, being a law student my reaction to that particular quantum of damage is "yea right..". Those figures wouldn't be awarded to more if he was rendered permanently quadrapaligic. Furthermore, it would be extremely difficult to prove that Moore would ever make that much money over the course of the remainder of his career. He was a marginal NHL player at best as is.

As for the selection of the forum for the trial, Ontario would be applicable if Ontario was Moore's place of residence. However, the incident did occur in British Columbia. Thus Bertuzzi's lawyers can always make a very strong argument that the case should be tried in BC, or BC law should apply rather than that of Ontario.

As for the the claim by Bertuzzi's parents, I'm not familair with the family law act. However, at common law watching a tort occur on tv has consistently been ruled not to be a cause of action. I also have to wonder what a statute having to do primarily with divorce proceedings has to do with a tort case. It doesn't pass the smell test to me in any case.

It looks likely to be that an inflated statement of claim is being filed. I seriously doubt that Moore can hope to recover more than $10 million dollars and I think that would be an excedely generous judgement, I'd think 5 million in more the general area.

Although by instituting such an inflated statement of claim I fully expect that Moore's lawyers strategy is to settle. As otherwise they are going to be on the hook for excessive legal costs to Bertuzzi as they aren't within the ball park of what they're going to collect.
In a past post, didn't you discuss the way Canada fans trashed USA at the Juniors?

Now you go and join the bandwagon and say this lawsuit is so AMERICAN. That's a nice way to exclude yourself from being so "Canadien", you hypocrit.

Screw the lawsuit, save the sport, don't be a Gumpel.
Yes, this lawsuit is very 'American' to me. It's not typical in Canadian law to sue for undeserved millions of dollars. We don't give big cash awards up here like in the USA nor do we tend to demand ludicrisp sums.


I took some business law, but much of it is in the black hole inside my head as I've had other courses to worry about.

A big problem with Moore's case, besides what we've listed, is the fact that they are basically implicating Orca Bay and others as if this was a preplanned assault. Do you really think that Orca Bay would conspire to have Bertuzzi sucker punch Moore? One of more of the other players could have conspired, but not the organization itself. Of course, Bertuzzi is an employee and you always go after the employer for more $$ and for negligence.
Well, there you go again Gump.

Didn't you rant on how most people view hockey as the "Bertuzzi incident"?

Well, you are no different when viewing lawsuits as "American".

Get that chip off your shoulder already.
Bertuzzi does not deserve to represent our country at the Olympics. He made a big mistake, wrecked a guys life, and needs to deal with it.

Moore was very strategic in announcing the suit at the start of the Men's oly games. I'd do the same.
I think the Q isn't whether Mr.Moore has a viable claim, but how much it's worth.
The playground license [even playing hockey] doesn't grant carte blanche for wrongdoing. If Moore can make his case, he's entitled to reasonable compensation.
If BC's the proper venue, it'll be transferred there.
I suspect this case will be settled without trial.
As for your use of the term "American", it doesn't offend me as a US citizen. It does make Jes look a bit narrow-minded, lumping us all together that way. I'll keep reading, though. I find the blog HIGHLY entertaining. Besides noone else gives Pavol the love he deserves.
B in Macungie PA
You canadians cry about this more than anybody and jez you are the leader, move on dude and pee on somebody else for attention.
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