Quote:
Originally Posted by Jay Random
$350,000, according to all the news reports I've seen. Remember, the NHL's offer was conditional on Moore signing away the right to sue. Bertuzzi and the Canucks would have been off the hook, and Moore would have got less than a year's salary to make up for the loss of his career.
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Most, if not all, offers include "signing away the right to sue".
It's called a release, and no one pays any amount without a release executed. Unless they either have a terrible lawyer, or don't have a lawyer at all, and are stupid.
If he can prove liability, Moore will be awarded whatever amount he is able to prove he lost by not being able to continue his hockey career (my guess, is an average 3rd line player's earnings for the duration of an average 3rd liner's career during that period), plus an award for any inability to earn post-hockey. I do not know what the effect has been on him in that regard. I.e. Can he concentrate enough to be able to work?
In addition, he will receive General Damages for the actual, physical pain and suffering. The latter will likely be around $150,000.00-200,000.00. General Damages in Canada are not very high. Eg. If you are rendered a quadriplegic from an MVA, the most you can get for General Damages is under $400,000.00.
As far as an "example" being made, those are exemplary damages, which in Canada are generally rare and low. Punitive damages are for a punishment of the offender. Again, in Canada these are generally low.
In order to prove liability, he will have to prove that the action was not the sort of action that a professional hockey player is potentially likely to suffer in the ordinary course of a game. Personally, I feel he will be able to meet this hurdle.
If he does, then Bertuzzi will be liable. If Bertuzzi is liable, the Canucks/Orca Bay will almost certainly be found liable, unless they are able to establish Bertuzzi's actions were either so far outside the ordinary course of his employment that they could not possibly have expected it to have happened. If Crawford "recommended" Bertuzzi do this, then the Canucks/Orca Bay will likely be liable as well.
That's my two bits.