10 years later: Steve Moore's civil suit against Todd Bertuzzi set to go to trial - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

trumpethead · 10-24-2013, 03:48 PM

Hard to believe it could take this long. Even harder to believe that Todd Bertuzzi is still playing in the NHL.

http://www.torontosun.com/2013/10/24...t-in-september

Hockey_Ninja · 10-24-2013, 03:56 PM

Yeesh it's been 10 years? I still remember this like it was yesterday. How can you hold something off like this for a fricken decade?

Ozy_Flame · 10-24-2013, 03:56 PM

Huh. Brian Burke is going to be busy next year.

FlamesAddiction · 10-24-2013, 04:14 PM

Just my opinion, but I think Moore is going to regret not settling out of court. I think he deserves some compensation, but not what he is asking and with so much time gone, there is going to be less of a chance that they are going to try and make an example of Bertuzzi. I am curious about how much exactly the NHL was offering him in exchange for dropping it.

If you enjoyed my expert opinion on complex legal matters, I can also offer my opinion on medicine, astro-physics and horse whispering.

CaptainCrunch · 10-24-2013, 04:17 PM

Quote:

Originally Posted by FlamesAddiction

Just my opinion, but I think Moore is going to regret not settling out of court. I think he deserves some compensation, but not what he is asking and with so much time gone, there is going to be less of a chance that they are going to try and make an example of Bertuzzi. I am curious about how much exactly the NHL was offering him in exchange for dropping it.

If you enjoyed my expert opinion on complex legal matters, I can also offer my opinion on medicine, astro-physics and horse whispering.

Because the settlement offers were a joke, of course Moore is going to fight it out in court. I think Bertuzzi offered $330,000 and the NHL not that much more.

This is going to go to court, Moore as of the last interview I saw was diagnosed with a tear in his frontal lobe and continued, symptoms.

I have a funny feeling that this is going to cost Bertuzzi and the Canucks about 10 to 12 million.

Bertuzzied · 10-24-2013, 04:25 PM

Bertuzzied!

I hope Bertuzzi gets taken to the cleaners.

FlamesAddiction · 10-24-2013, 04:29 PM

Quote:

Originally Posted by CaptainCrunch

Because the settlement offers were a joke, of course Moore is going to fight it out in court. I think Bertuzzi offered $330,000 and the NHL not that much more.

This is going to go to court, Moore as of the last interview I saw was diagnosed with a tear in his frontal lobe and continued, symptoms.

I have a funny feeling that this is going to cost Bertuzzi and the Canucks about 10 to 12 million.

How do these things work though.... The offers were low, but I also recall that Moore/Danson chose not to accept invitations to negotiate. The other side said they would, but I guess no one knows if they were serious or what the result would have been.

Moore starts high ($38 million), the otherside started low (I have no idea what the sum of all the offers was, but say $3 million)... even if they split it down the middle, it would have been more than $10-12 million.

I know that hinges on a lot of assumptions and what-ifs. How much does he have to get to make the 10 year wait worth it if he could have been growing and investing a settlement a decade ago?

trumpethead · 10-24-2013, 04:56 PM

With the trial set for Sept 2014 (ie. next season's training camp) I wonder if this could be the end of the road for Big Bert's hockey career?

Oling_Roachinen · 10-24-2013, 05:01 PM

Quote:

Originally Posted by FlamesAddiction

How do these things work though.... The offers were low, but I also recall that Moore/Danson chose not to accept invitations to negotiate. The other side said they would, but I guess no one knows if they were serious or what the result would have been.

Moore starts high ($38 million), the otherside started low (I have no idea what the sum of all the offers was, but say $3 million)... even if they split it down the middle, it would have been more than $10-12 million.

I know that hinges on a lot of assumptions and what-ifs. How much does he have to get to make the 10 year wait worth it if he could have been growing and investing a settlement a decade ago?

Bertuzzi offered Moore a $350,000 settlement. A slap in the face after a punch to the neck.

Resolute 14 · 10-24-2013, 05:07 PM

Quote:

Originally Posted by FlamesAddiction

Just my opinion, but I think Moore is going to regret not settling out of court. I think he deserves some compensation, but not what he is asking and with so much time gone, there is going to be less of a chance that they are going to try and make an example of Bertuzzi. I am curious about how much exactly the NHL was offering him in exchange for dropping it.

The legal system was never going to "make an example out of Bertuzzi", it was always going to rule within the confines of the law, so next year or seven years ago won't matter from that perspective. In some respects, it may strengthen Moore's case, since he obviously never played again, and if doctors will testify to continuing symptoms, well...

Of course, part of the reason why this has taken so long are things like the secret deal Bertuzzi and Orca Bay fought very hard to keep private. Until things like that resolved, the main trial couldn't go forward.

CaptainCrunch · 10-24-2013, 05:09 PM

Quote:

Originally Posted by FlamesAddiction

How do these things work though.... The offers were low, but I also recall that Moore/Danson chose not to accept invitations to negotiate. The other side said they would, but I guess no one knows if they were serious or what the result would have been.

Moore starts high ($38 million), the otherside started low (I have no idea what the sum of all the offers was, but say $3 million)... even if they split it down the middle, it would have been more than $10-12 million.

I know that hinges on a lot of assumptions and what-ifs. How much does he have to get to make the 10 year wait worth it if he could have been growing and investing a settlement a decade ago?

Moore and his lawyer pretty much chose not to negotiate after the first offer was put out there public ally.

I agree with another poster here, it was a slap in the face.

There was no way they would reach a middle ground. I also through that the lawsuit was for 20 mil.

Moore in my mind has a pretty strong case. As of 2011 he couldn't stand bright lights, had concentration and memory loss problems, and couldn't raise his heart rate due to nausea.

I'm pretty sure that physician testimony base on that, combined with showing that video over and over again of Moore getting smashed from behind and ridden into the ice are going to be pretty powerful in front of a jury, at least I think its a jury trial.

they'll probably put up a big bright picture of Moore's brain scan showing a permanent injury.

Then they'll break down the fact that Bertuzzi has earned nearly 40 million bucks over his career.

The defenses that Bertuzzi might try to use, the pile up caused the injury etc aren't that strong.

CaptainCrunch · 10-24-2013, 05:16 PM

His condition according to court documents
http://www.thestar.com/sports/hockey...struggles.html

Pretty much sounds like his life is a bit wrecked.

More from 2011

http://www.theglobeandmail.com/sport...article569787/

FlamesAddiction · 10-24-2013, 05:21 PM

Quote:

Originally Posted by Oling_Roachinen

Bertuzzi offered Moore a $350,000 settlement. A slap in the face after a punch to the neck.

Was he the only one of all the mentioned parties that offered a settlement though? We know the NHL offered something too, so I would be curious to know what the total was (Burke, Bertuzzi, the NHL, and Orca Bay).

Even if Moore wins, Bertuzzi isn't paying it all (and maybe not even the most).

dissentowner · 10-24-2013, 05:23 PM

Bertuzzi should have been suspended for the duration that Moore has been out.

Jay Random · 10-24-2013, 05:25 PM

Quote:

Originally Posted by FlamesAddiction

Even if Moore wins, Bertuzzi isn't paying it all (and maybe not even the most).

If Moore wins this suit, Bertuzzi and/or Orca Bay will be paying every cent that the court awards. As far as I know, the NHL is not a defendant in this particular case. A court can't very well order a third party to pay damages.

FlamesAddiction · 10-24-2013, 05:28 PM

Quote:

Originally Posted by Jay Random

If Moore wins this suit, Bertuzzi and/or Orca Bay will be paying every cent that the court awards. As far as I know, the NHL is not a defendant in this particular case. A court can't very well order a third party to pay damages.

No kidding. The NHL doesn't have to pay anything now. They did offer him money at one point though. I'm just wondering how much Moore could have got if he settled and took the NHL offer and the other offers to settle. We know Bertuzzi offered $350,000. The NHL offer is unknown. How about Burke and Orca Bay?

Oling_Roachinen · 10-24-2013, 05:30 PM

Quote:

Originally Posted by FlamesAddiction

Was he the only one of all the mentioned parties that offered a settlement though? We know the NHL offered something too, so I would be curious to know what the total was (Burke, Bertuzzi, the NHL, and Orca Bay).

Even if Moore wins, Bertuzzi isn't paying it all (and maybe not even the most).

http://www.thestar.com/sports/2007/1...re_350000.html

Quote:

"To then receive a joint offer from Mr. Bertuzzi and Orca Bay in New York for $350,000 was quite a shock and certainly sent out all the wrong messages," Danson wrote.

It was actually a joint offer from Bertuzzi and the Canucks according to Moore's lawyer.

I don't know about Burke but I think the Crawford third-party lawsuit happened after the secret meeting.

Jay Random · 10-24-2013, 05:30 PM

Quote:

Originally Posted by FlamesAddiction

No kidding. The NHL doesn't have to pay anything now. They did offer him money at one point though. I'm just wondering how much Moore could have got if he settled and took the NHL offer.

$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.

flamesfan1297 · 10-25-2013, 04:56 PM

Where does bertuzzi even play nowadays? hope he loses everything he has in this court case

rururu · 10-25-2013, 05:03 PM

Can't believe this issues is still unresolved. Mr. Moore should receive every penny he deserves. There was no way his hockey career should have ended like this forget about everything else he may have lost in life.