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Judge tosses out Moore's lawsuit against Bertuzzi
CTV.ca News Staff
A Colorado judge has thrown out a lawsuit filed against Vancouver's Todd Bertuzzi over his on-ice attack of former hockey player Steve Moore.
Judge Shelley Gilman agreed with Bertuzzi's lawyers who argued that the case has no standing in Colorado and should be filed instead in Canada.
She said it's unlikely that the state's law would apply to most, if any, of Colorado Avalanche forward Moore's claims.
"British Columbia bears the most significant relationship to Moore's claims," Gilman wrote Thursday.
Moore hasn't played since March 8, 2004, when Bertuzzi grabbed him from behind and punched him in the head during a National Hockey League game in Vancouver.
The incident left Moore with three fractured vertebrae in his neck, a concussion and other injuries.
After the hit, crown prosecutors in B.C. filed assault charges against Bertuzzi, who pleaded guilty and was sentenced to probation and community service.
Moore's lawyers had argued that he had the right to seek damages in a Colorado court since was a resident of the state when he was injured and when he filed the suit.
They also said events leading to Bertuzzi's hit started during a game in Denver on Feb. 16, 2004, when Moore hit Canucks captain Markus Naslund, leaving him with a concussion.
Moore's lawyer Lee Foreman said after the February game, Bertuzzi, Canucks player Brad May, coach Marc Crawford and former general manager Brian Burke met in Denver and planned Bertuzzi's attack as retaliation.
The lawsuit accused Bertuzzi and the other defendants of civil conspiracy, assault, battery and negligence, and sought unspecified damages from them.
The alleged conspiracy in Denver, argued Foreman, the formation and the fact that Moore received medical treatment in Denver, was enough to allow them to pursue the lawsuit in Colorado.
But Gilman disagreed. She wrote: "The statements allegedly made by the defendants in Colorado do not rise to the level of tortious or unlawful acts,'' which would be required to prove a conspiracy.
Also factoring into her decision was a state law requiring her to dismiss the case. The law was enacted in response to a large number of cases filed by non-residents.
Moore and his lawyers have not commented on the decision to throw out the lawsuit.
Moore is an unrestricted free agent, but he has said the Avalanche plan to sign him to a new contract once doctors clear him to play again.
Bertuzzi was reinstated to the NHL in August after being indefinitely suspended. He missed 13 regular-season games and the Stanley Cup playoffs in 2004, and lost about $502,000 US in salary. He is to earn about $5.2 million this season.
CTV.ca News Staff
A Colorado judge has thrown out a lawsuit filed against Vancouver's Todd Bertuzzi over his on-ice attack of former hockey player Steve Moore.
Judge Shelley Gilman agreed with Bertuzzi's lawyers who argued that the case has no standing in Colorado and should be filed instead in Canada.
She said it's unlikely that the state's law would apply to most, if any, of Colorado Avalanche forward Moore's claims.
"British Columbia bears the most significant relationship to Moore's claims," Gilman wrote Thursday.
Moore hasn't played since March 8, 2004, when Bertuzzi grabbed him from behind and punched him in the head during a National Hockey League game in Vancouver.
The incident left Moore with three fractured vertebrae in his neck, a concussion and other injuries.
After the hit, crown prosecutors in B.C. filed assault charges against Bertuzzi, who pleaded guilty and was sentenced to probation and community service.
Moore's lawyers had argued that he had the right to seek damages in a Colorado court since was a resident of the state when he was injured and when he filed the suit.
They also said events leading to Bertuzzi's hit started during a game in Denver on Feb. 16, 2004, when Moore hit Canucks captain Markus Naslund, leaving him with a concussion.
Moore's lawyer Lee Foreman said after the February game, Bertuzzi, Canucks player Brad May, coach Marc Crawford and former general manager Brian Burke met in Denver and planned Bertuzzi's attack as retaliation.
The lawsuit accused Bertuzzi and the other defendants of civil conspiracy, assault, battery and negligence, and sought unspecified damages from them.
The alleged conspiracy in Denver, argued Foreman, the formation and the fact that Moore received medical treatment in Denver, was enough to allow them to pursue the lawsuit in Colorado.
But Gilman disagreed. She wrote: "The statements allegedly made by the defendants in Colorado do not rise to the level of tortious or unlawful acts,'' which would be required to prove a conspiracy.
Also factoring into her decision was a state law requiring her to dismiss the case. The law was enacted in response to a large number of cases filed by non-residents.
Moore and his lawyers have not commented on the decision to throw out the lawsuit.
Moore is an unrestricted free agent, but he has said the Avalanche plan to sign him to a new contract once doctors clear him to play again.
Bertuzzi was reinstated to the NHL in August after being indefinitely suspended. He missed 13 regular-season games and the Stanley Cup playoffs in 2004, and lost about $502,000 US in salary. He is to earn about $5.2 million this season.
