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Hockey Player's Negligence Lawsuit Challenged In Co Court
Attorneys for the Vancouver Canucks, forward Todd Bertuzzi and others asked a judge to throw out a lawsuit filed by former Colorado Avalanche centre Steve Moore of Windsor over Bertuzzi's on-ice attack in March 2004, saying Moore didn't have enough connections to Colorado to gain the right to sue in state court. The lawsuit accuses Bertuzzi and the other defendants of civil conspiracy, assault, battery and negligence.
Moore, still recovering from injuries sustained in the game in Vancouver, is seeking unspecified damages from the Canucks, the partnership that owns the team, Bertuzzi, former player Brad May, coach Marc Crawford and former general manager Brian Burke.
Moore's attorney told Denver District Judge Shelley Gilman that Moore was a Colorado resident when he was injured March 8, 2004, and when he filed the lawsuit, giving him the right to seek damages in a Colorado court. He also argued that events leading up to Bertuzzi's hit started during a game in Denver Feb. 16, 2004, in which Moore hit Canucks captain Markus Naslund, leaving him with a concussion.
The judge did not indicate when she planned to rule. After the February game, Bertuzzi, May- who signed with the Avalanche this summer-Crawford and Burke met in Denver and planned Bertuzzi's hit as retaliation, Moore's attorney said. He also said Bertuzzi, May and other players threatened Moore after that game and during a March 3, 2004, game in Denver.
Bertuzzi faced up to 18 months in prison after Vancouver authorities charged him with assault. He pleaded guilty in August and was sentenced to probation and ordered to perform community service. He also was reinstated to the NHL in August after being indefinitely suspended. He missed the Canucks' final 13 regular-season games and the Stanley Cup playoffs in 2004, giving up about $502,000 in salary. Bertuzzi has played in two pre-season games and is due to earn about $5.2 million this season.