When does the Law trump league discipline?

[It's a Canadian Game]

For those unaware this September the case between Steve Moore and Todd Bertuzzi will finally go to court. Moore is suing Bertuzzi and the Vancouver Canucks for $36 million after his infamous sucker punch on Moore in a game back on March 8th 2004. The NHL is filled with dirty plays, hits from behind, punches, etc. But not every play sees supplementary discipline from the law like we will see in Bertuzzi- Moore case. So where do we draw the line? Remember when Shawn Thornton slew-foot Brooks Orpik and then punched his head into the ice in a game between the Bruins and Pens this year? Why no lawsuit here? Does it come down to the severity of the injury?

 

So essentially, where and when does the law trump the NHL's ability to hand out punishment? 

 

Follow me on Twitter @Craig_Hagerman

[OccamsRazor]

For those unaware this September the case between Steve Moore and Todd Bertuzzi will finally go to court. Moore is suing Bertuzzi and the Vancouver Canucks for $36 million after his infamous sucker punch on Moore in a game back on March 8th 2004. The NHL is filled with dirty plays, hits from behind, punches, etc. But not every play sees supplementary discipline from the law like we will see in Bertuzzi- Moore case. So where do we draw the line? Remember when Shawn Thornton slew-foot Brooks Orpik and then punched his head into the ice in a game between the Bruins and Pens this year? Why no lawsuit here? Does it come down to the severity of the injury?

 

So essentially, where and when does the law trump the NHL's ability to hand out punishment? 

 

Follow me on Twitter @Craig_Hagerman

 

 

I hope he gets justice.....really really sad it has taken 10 friggin years!!!!!!!!!!!!! That to me in itself is an injustice!!!!!!!

[nossagog]

For those unaware this September the case between Steve Moore and Todd Bertuzzi will finally go to court. Moore is suing Bertuzzi and the Vancouver Canucks for $36 million after his infamous sucker punch on Moore in a game back on March 8th 2004. The NHL is filled with dirty plays, hits from behind, punches, etc. But not every play sees supplementary discipline from the law like we will see in Bertuzzi- Moore case. So where do we draw the line? Remember when Shawn Thornton slew-foot Brooks Orpik and then punched his head into the ice in a game between the Bruins and Pens this year? Why no lawsuit here? Does it come down to the severity of the injury?

 

So essentially, where and when does the law trump the NHL's ability to hand out punishment? 

 

Follow me on Twitter @Craig_Hagerman

 

Basically, yes.   In this case, it wasn't just the punch, but he then drove his head down into the ice in a move that cannot be questioned at all as an attempt to injure a player.  Moore, who I think was in his rookie season, never was able to play hockey again.  Burtuzzi can say he didn't "mean" to injure him like that, but regardless he took Moore ability to make a living playing hockey away from him at an early age.   That is the difference

Edited March 22, 2014 by nossagog

[flyercanuck]

It's unbelievable that it's been TEN years and this is still going on.

 

 If Moores ability to earn a living playing hockey was ended by Bertuzzis actions, then yes I think he has a right to sue. $36 million though? LOL...this isn't someone spilling hot coffee in the US....how about 5 or 10 million?

[It's a Canadian Game]

@flyercanuck yea and to that point Bertuzzi has only made $26 million since the incident the number 36? that is how much money Bertuzzi has made his entire career. Though Moore might word it differently, his motive is likely "you wiped out my career, I'm going to wipe out yours". Though in this case it is also believed that the settlement of whatever Betuzzi is charged with will be split among himself and the Canucks. 

 

On another point Moore was a business school graduate with a high IQ in the 140 area. He hasn't been able to get a business job cause he  can't work numbers and what not as good as he used to. It has taken away more than just his hockey career. 

[flyercanuck]

 I just don't understand these people who think just because you take someone to court you win the lottery. The guy was a borderline NHL player. Does he deserve compensation? Absolutely. But $36 million? And was he going to earn that in business? Highly unlikely.. I realize he's just shooting for the stars.

[jammer2]

 I just don't understand these people who think just because you take someone to court you win the lottery. The guy was a borderline NHL player. Does he deserve compensation? Absolutely. But $36 million? And was he going to earn that in business? Highly unlikely.. I realize he's just shooting for the stars.

 

 I just don't understand these people who think just because you take someone to court you win the lottery. The guy was a borderline NHL player. Does he deserve compensation? Absolutely. But $36 million? And was he going to earn that in business? Highly unlikely.. I realize he's just shooting for the stars.

 

 Moore is from Windsor, so the case gets a lot of coverage around here. Steve was just a borderline player, only playing one full year in the league. He was showing signs that he might become a decent 2nd line center. Not anything close to star material, but he was trending upwards when Bertuzzi lowered the boom. I actually thought he might become a 20 goal hard working 2nd liner, but nothing in his career stats showed that, just a hunch on my part.

 

 http://www.hockeydb.com/ihdb/stats/pdisplay.php?pid=35438

[Polaris922]

So figure he played ten years at $2 million, plus the interest of investment, capitalization of profits, and then the punitive adjustment. $36 million isn't that crazy. Hell, I had a sixty year old sue me for $50k saying it was my fault he couldn't have sex with his wife. After seeing her, he shoulda been paying me!

Edited March 23, 2014 by Polaris922

[hf101]

Ten years for this case to come to trial is far too long and Bertuzzi has benefited financially for the delay.  The $36M isn't too much to as for in light of other civil suits and Moore lessened the amount from the initial $60m.  

 

Even though there has been time for the Canucks organization to plan and support Bertuzzi I think in a civil suit with jurors Moore will benefit.  The general public probably will not accept hockey's closed door mentality where everything a part of the game stays with the game -  right or wrong.  It is being reported that there may not be any NHL players or employees who will cooperate with Moore's lawyer from Vancouver.  Granted this trial is in Canada vs the USA, but cases like the Sandusky and Incognito which take the public into closed door behaviors have set a precedence for certain truths to come forward.

 

To answer your question about why others haven't come forward with other civil suits - I'd say it is all part of the tight code in hockey where no one talks outside the locker room.  I also think that this case is unique in that Moore being well educated has a better understanding of is legal rights than most, and this hit took place at a time when filing lawsuits became the society norm for injury caused by another. 

 

The fallout from this case will be interesting as well.  If Moore wins will we see more lawsuits?  

[flyercanuck]

So figure he played ten years at $2 million, plus the interest of investment, capitalization of profits, and then the punitive adjustment. $36 million isn't that crazy. Hell, I had a sixty year old sue me for $50k saying it was my fault he couldn't have sex with his wife. After seeing her, he shoulda been paying me!

 LOL! You didn't taser the poor bastard in the yarbols?

[flyercanuck]

Ten years for this case to come to trial is far too long and Bertuzzi has benefited financially for the delay.  The $36M isn't too much to as for in light of other civil suits and Moore lessened the amount from the initial $60m.  

 

Even though there has been time for the Canucks organization to plan and support Bertuzzi I think in a civil suit with jurors Moore will benefit.  The general public probably will not accept hockey's closed door mentality where everything a part of the game stays with the game -  right or wrong.  It is being reported that there may not be any NHL players or employees who will cooperate with Moore's lawyer from Vancouver.  Granted this trial is in Canada vs the USA, but cases like the Sandusky and Incognito which take the public into closed door behaviors have set a precedence for certain truths to come forward.

 

To answer your question about why others haven't come forward with other civil suits - I'd say it is all part of the tight code in hockey where no one talks outside the locker room.  I also think that this case is unique in that Moore being well educated has a better understanding of is legal rights than most, and this hit took place at a time when filing lawsuits became the society norm for injury caused by another. 

 

The fallout from this case will be interesting as well.  If Moore wins will we see more lawsuits?  

 

 That's a big part of it. People up here don't tend to get multi-million dollar settlements because the coffee is too hot or because they poured a bottle of water on the floor in Walmart and then slipped on it.

 

 I just don't see him getting anywhere near that.

[Polaris922]

@flyercanuck

That's the funny thing... It was a scam from the start. Thankfully the board saw that and all but dismissed it.

@hf101

I don't know that anyone else's career was ended so maliciously at such a young age though either. That wasn't a bad check or even a dirty hit, that was an all out assault, and I firmly believe Bertuzzi should remain banned from the NHL for life. Watching that video and the way he drove his head into the ice... He's lucky he didn't kill him.