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Old 10-25-2013, 07:17 PM   #53
flylock shox
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I think Bertuzzi's pooched.

The criminal conviction is going to be a major problem for him as his lawyers argue issue estoppel or perhaps abuse of process if he attempts to argue Moore consented to the hit via his participation in the hockey game. So he'll likely lose on the assault issue right away.

He may try to concentrate his argument on causation, but I think he's done for there too. No one looking at that video is likely to come to any other conclusion but that Moore's injuries were most likely caused by the punch and/or the subsequent collapse to the ice. The dog pile is a red herring.

The damages assessment could be interesting, as so much of Moore's future earnings were uncertain. But just looking at league averages for a guy like him, you're in the multiple-million dollar range. Then there's non-pecs and aggravated damages, which could be good for another couple hundred thousand. There could be a decent cost of future care claim as well I suppose - but really, it's the earnings loss that makes the claim.

Bertuzzi's just lucky he didn't do this in Colorado. That could have increased damages tenfold.
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