Quote:
Originally Posted by MattyC
Just a question, what is the Moore camp's position on this? Is it that Bertuzzi committed a crime on the ice (assault)? I only ask because if it is just under the idea that Bertuzzi ended his career which could have gone on much longer and thus he is entitled to his potential earnings, I feel like it may set a slippery precedent. Many players careers are ended by injuries, are they all entitled to compensation?
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You don't bring criminal charges in civil suits. Moore would be brining a civil suit for assault and battery leading to damages. They're definitely going to be going after Loss of Earning Potential.
You're right though it's definitely a slipping slope. In this case, however, we have an attack that was:
1) Not related to the play at all;
2) With intent to injury; and
3) Not consented to (as oppossed to a fight).
So you might see suits for things like a Brashear/McSorley play. Keep in mind McSorley was already found criminally guilty for assault.
The grey area would be in instances with knees on knees or similar plays. The question really becomes whether the courts are willing to extend injury into reckless/negligent plays. I doubt will see that, and the Bertuzzi incident was so deliberate that it shouldn't really touch on that. Instead, it'll probably set a ruling confined to intentional tort.