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Bertuzzi-Moore court documents shed light on ex-NHL player

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Bertuzzi-Moore court documents shed light on ex-NHL player

Postby oneh2obabe » Jan 15th, 2013, 3:21 am

Rick Westhead
Staff Reporter

Ever since his NHL career was cut short in March 2004, Steve Moore’s life has been cloaked in secrecy, his family and lawyer shielding him from public scrutiny.

New court documents obtained by the Star before Moore’s $60 million lawsuit against Todd Bertuzzi begins in Ontario Superior Court offer a window into Moore’s current day-to-day struggles with memory and focus, and the 34-year-old’s future prospects for employment.

The trial, which will be decided by six jurors, was scheduled to begin Jan. 28 but has been delayed until April because of several procedural appeals.

The court hearing could last several months.

It’s unclear whether any current or former NHL employees will cooperate with Moore’s lawyer Tim Danson. In court filings Danson has discussed his frustrations over hockey’s “code,” an unspoken agreement by players not to publicly discuss the unseemly side of the game.

Several current and former Vancouver Canucks players, including Markus Naslund and Henrik and Daniel Sedin, have refused to testify on behalf of Moore, a source told the Star. Naslund and the Sedins could provide details about what was said in the Canucks locker room before Bertuzzi’s attack.

“The hockey club, its parent company and its legal representation will refrain from any public comment that pertains to an issue before the courts,” said Ben Brown, a Canucks spokesperson.

Danson declined to comment. Bertuzzi’s lawyer Geoff Adair couldn’t be reached.

During a March 8, 2004 game between the Canucks and Colorado Avalanche, Bertuzzi, then playing for Vancouver, struck Moore from behind. He punched him in the side of the head and then drove his head into the ice. After lying in a pool of blood for several minutes, Moore was removed on a stretcher.

Moore, then 25, suffered three broken vertebrae and deep facial cuts. His NHL career was over. Danson has said he’s suffered from concussion-related symptoms ever since, hindering his ability to find work outside hockey.

While Moore has asked for $60 million, roughly as much money as Bertuzzi has made in his NHL career, a jury can award as much money as it sees fit based on the evidence presented to the court.

In exchange for Bertuzzi dropping a cross-claim lawsuit against the Canucks, the team signed a secret agreement with the power forward agreeing to cover some percentage of his liability.

The recently filed court documents highlight the mental troubles Moore’s lawyers say he has struggled with since his career-ending injury and reveal details about his efforts to take an admissions test in 2010 for graduate school.
Moore’s family members said he “can no longer study effectively on his own. . . . He loses focus and is inaccurate and forgetful,” the documents say. “His communication skills, the ability to quickly and clearly follow more complex conversations, for example, are compromised. He has difficulties establishing priorities and making decisions. . . . His judgment is questionable.”

Moore, who has an IQ of about 140, twice wrote the GMAT exam, taken by those hoping to attend graduate school, the documents say. During his first attempt, on March 3, 2010, he scored in the 68th percentile, which means he scored higher than 68 per cent of those who took the test during the previous three years.

On his second attempt, on April 5, 2010, Moore scored in the 88th percentile.

Moore was allowed 50 per cent more time, an extra break, earplugs and an adjustable chair when he took the tests.
The documents cite Kevin Murphy, a psychologist who examined Moore.

Murphy concludes Moore had “highly superior cognitive abilities” before his injury, but since Bertuzzi’s attack “does not exhibit the ability to plan, make decisions, set priorities, and to multi-task and is not capable of performing adequately in a wide range of managerial, executive, and professional work.

“Moore’s current job prospects are restricted to work that is more routine, less autonomous, less opportune for advancement, and significantly less remunerative than his former prospects.”

A company called HR Squared consultants was hired by Moore’s lawyer to provide an expert opinion of Mr. Moore’s post-hockey lost income.

The company concluded Moore before his injuries had the chance to work as an investment banker, portfolio manager, high-net-worth adviser, salesperson or perhaps a research analyst. But his “shortcomings” following his injury “would make it difficult for him to perform the job successfully.

“In sum: While it is possible that Steve Moore could obtain employment as a hedge fund marketer, there is a very low probability that he would have been able to keep the job,” the court filings say.

http://www.thestar.com/sports/hockey/nh ... -struggles
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby underscore » Jan 15th, 2013, 9:54 am

That jackass is still trying to get money? Almost 9 years later and he's still beating the same dead horse.
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby peachlandnotary » Jan 16th, 2013, 11:09 am

I was at that game! There was SO much blood
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby JayByrd » Jan 16th, 2013, 10:40 pm

It's unfortunate...by not "sucking it up", and taking this to the courts, the victim in this incident has become the villain. Personally, I hope Mr. Moore's suit is successful.
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby underscore » Jan 17th, 2013, 10:16 am

JayByrd wrote:It's unfortunate...by not "sucking it up", and taking this to the courts, the victim in this incident has become the villain. Personally, I hope Mr. Moore's suit is successful.


Steeve Moore is the original villain for that cheap hit on Naslund. If he wouldn't have done that, Bertuzzi wouldn't have hit him, the Colorado teammates wouldn't have dogpiled on top, and Moore wouldn't have been injured. He's just mad that he got the injury he was trying to give to Naslund.
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby Winston_Smith » Jan 17th, 2013, 10:41 am

underscore wrote:Steeve Moore is the original villain for that cheap hit on Naslund. If he wouldn't have done that, Bertuzzi wouldn't have hit him, the Colorado teammates wouldn't have dogpiled on top, and Moore wouldn't have been injured. He's just mad that he got the injury he was trying to give to Naslund.

The hit on Naslund was a legal hit - Naslund said so himself after that game in Colorado. There was clearly no malice intent on his part.

Unlike Moore, Bertuzzi decided to go outside of the rules and committed an egregious foul with the intent of causing bodily harm to Moore.

Bertuzzi has no one to blame but himself.
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby Poindexter » Jan 17th, 2013, 11:35 am

Moore's hit would not be considered legal now.



He would have been suspended by today's standard which probably would have saved him from Bertuzzi's maulling.

When I look at the punch and subsequent pile on afterward, how are they able to determin which caused the injury since another teammate of Moore's was involved in pile driving Moore's face into the ice? Or is it even relevant?

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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby underscore » Jan 17th, 2013, 12:09 pm

Winston_Smith wrote:The hit on Naslund was a legal hit - Naslund said so himself after that game in Colorado. There was clearly no malice intent on his part.


I call BS on that.

Winston_Smith wrote:Unlike Moore, Bertuzzi decided to go outside of the rules and committed an egregious foul with the intent of causing bodily harm to Moore.

Bertuzzi has no one to blame but himself.


Moore wouldn't face Bertuzzi, and Bertuzzi punched him. It was pretty clear Bertuzzi wanted to start a fight after Moores hit on Naslund, but Moore pretended to ignore him. Bertuzzi couldn't have known that Moore would flop to the ice and have a bunch of people pile on top of them.

Moore has no one to blame but himself and his coach for putting him out there when already up 8-2 against a team that was clearly pissed at him for that cheap hit. They had nothing to gain except a cheap attempt to aggravate the Canucks by putting Moore out there.

Poindexter wrote:When I look at the punch and subsequent pile on afterward, how are they able to determin which caused the injury since another teammate of Moore's was involved in pile driving Moore's face into the ice? Or is it even relevant?


That's always been my biggest question, Bertuzzi falls on Moore, but then 3 more guys pile on top of them. It's seems like it would be difficult to put the full blame on Bertuzzi when the other players piling on would've increased if not caused his injuries.
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby JayByrd » Jan 17th, 2013, 12:52 pm

Neither Moore's refusal to fight Bertuzzi, or the Avalanche's decision to put Moore on the ice, absolve Bertuzzi from responsibility for his actions. There is no aspect of hockey that justifies what Bertuzzi did, and the discipline he received from the NHL confirms that. It's also totally unfair to say that Moore meant to badly hurt Naslund, but Bertuzzi didn't mean to badly hurt Moore. I don't think either player had the intent that the recipient of the hit wouldn't get up.

There is the question of whether the punch or the dogpile caused Moore's head and neck injuries, and that will probably never be known. I'm not sure that will make a difference though; the punch started this chain of events. If you shove someone and they fall into the path of a bus, you are still responsible. At least, that's the argument that Moore's counsel will make.

If we see what the outlook for Moore's future is now, I think this lawsuit is a little more than sour grapes. His NHL career is obviously over, and post-concussion symptoms have left a guy who was smart enough to go to Harvard, unable to get into grad school, and unable to even hold down a job at a local investment company. These things were lost not due to a freak accident, but because of the actions of another person. Considering what Steve Moore has lost, I really don't blame him for taking this to court. Of course, Todd Bertuzzi could admit at least partial responsibility for this, and try to settle out of court....
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby Thinktank » Jan 17th, 2013, 1:25 pm

Because we can't decide who is to blame

make it 50/50. Instead of paying Moore $10 million
Bertuzzi should pay $5 million.

end of problem.
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby underscore » Jan 17th, 2013, 3:50 pm

JayByrd wrote:Neither Moore's refusal to fight Bertuzzi, or the Avalanche's decision to put Moore on the ice, absolve Bertuzzi from responsibility for his actions. There is no aspect of hockey that justifies what Bertuzzi did, and the discipline he received from the NHL confirms that.


True, but I don't think the Avalanche team is entirely innocent in this either. They sent Moore out knowing full well they were up 6 goals over the Canucks, and that the Canucks team was extremely unhappy with Moore after the Naslund hit. I'm not saying they knew he would get injured this badly, but they can't have thought that no one would want to fight him or hit him.

JayByrd wrote:I don't think either player had the intent that the recipient of the hit wouldn't get up.


Agreed, I do think the Naslund hit was a lot more unexpected though.

JayByrd wrote:There is the question of whether the punch or the dogpile caused Moore's head and neck injuries, and that will probably never be known. I'm not sure that will make a difference though; the punch started this chain of events. If you shove someone and they fall into the path of a bus, you are still responsible. At least, that's the argument that Moore's counsel will make.


Like I said above, this chain of events started when the Avalanche sent out Moore while up 6 goals against a team they knew full well had a beef with Moore. Thinking that they wouldn't hit him, in one way or another, would be stupid. They tried to rub it in the Canucks face and this is the result. Has he tried to take his team to court?

JayByrd wrote:If we see what the outlook for Moore's future is now, I think this lawsuit is a little more than sour grapes. His NHL career is obviously over, and post-concussion symptoms have left a guy who was smart enough to go to Harvard, unable to get into grad school, and unable to even hold down a job at a local investment company. These things were lost not due to a freak accident, but because of the actions of another person. Considering what Steve Moore has lost, I really don't blame him for taking this to court. Of course, Todd Bertuzzi could admit at least partial responsibility for this, and try to settle out of court....


Well his doctors and lawyers say that, but was he truly that smart before up until the point of this incident? I'll argue that it was due to the actions of several people that this accident occurred (like you said, I don't think Bertuzzi intended to injure Moore) all the way back to Moore's hit on Naslund. A lot of freak accidents occur, and many are triggered by the actions/inactions of other people, but those people can't foresee and don't intend the results that occur.
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby JayByrd » Jan 17th, 2013, 10:41 pm

Well, he was smart enough to graduate from Harvard...
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby rookie314 » Jan 21st, 2013, 9:48 am

JayByrd wrote:Well, he was smart enough to graduate from Harvard...


Your right he WAS, and now is not and it is Beruzzi's fault. That is the whole issue here, no different than if it was an assault at a local bar.
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby GordonH » Aug 19th, 2014, 1:05 pm

When you have to start compromising yourself and your morals for the people around you, it’s probably time to change the people around you. Do what makes you happy, and do it a little better every day… and don’t forget to breath!
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Re: Bertuzzi-Moore court documents shed light on ex-NHL play

Postby GordonH » Aug 21st, 2014, 6:23 am

GordonH wrote:Update

http://www.castanet.net/news/Sports/121 ... in-lawsuit

Settlement details unknown


It appears that Todd's lawyers & Canucks organization may have jumped the gun on this announcement.
http://sports.nationalpost.com/2014/08/ ... -bertuzzi/
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