langdak
10-13-2005, 01:35 PM
From TSN.ca
http://tsn.ca/nhl/news_story/?ID=139625&hubname=
Canadian Press
10/13/2005 12:10:49 PM
DENVER (AP) - A lawsuit filed against Vancouver's Todd Bertuzzi over his attack on former Avalanche forward Steve Moore was tossed out Thursday by a judge who said the case has no standing in Colorado.
Denver district Judge Shelley Gilman agreed with lawyers for Bertuzzi and others that any case would be better handled in Canada, where the hit occurred last year.
Moore and each defendant are residents of Canada or businesses headquartered there, the judge noted.
"It is highly likely that Colorado law will not apply to most, if not all, of Moore's claims," Gilman wrote. "British Columbia bears the most significant relationship to Moore's claims."
Moore hasn't played since the March 8, 2004, game when Bertuzzi grabbed him from behind, punched him in the head and drove his head into the ice during a game in Vancouver. Moore suffered three fractured vertebrae in his neck, a concussion and other injuries.
Moore was seeking unspecified damages from the Canucks, team owner Orca Bay Hockey Limited Partnership, Bertuzzi, coach Marc Crawford, former general manager Brian Burke and former Canucks player Brad May, who now plays for Colorado.
Moore's lawyers did not immediately return a call seeking comment.
They had argued that Moore was a Colorado resident when he was injured and when he filed the suit, giving him the right to seek damages in a Colorado court. They also said events leading up 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.
After the February game, Bertuzzi, May, Crawford and Burke met in Denver and planned Bertuzzi's attack as retaliation, according to Lee Foreman, Moore's lawyer. The lawsuit accused Bertuzzi and the other defendants of civil conspiracy, assault, battery and negligence.
Foreman argued that the formation of the alleged conspiracy in Denver, and the fact that Moore received medical treatment in Denver, was enough to allow Moore to pursue his lawsuit in Colorado. The judge disagreed.
"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, she wrote.
She also said she was required to dismiss the case under a state law enacted in response to a large number of cases filed by non-residents.
Factors she had to consider included Moore's residency, the fact that he could file his case in British Columbia, the fact that the injury occurred in Canada and the fact that most witnesses to the injury are in Canada, she said.
Burke's lawyer, Scott Barker, said his client was not in Denver when the alleged conspiracy was formed. He said he was pleased with the ruling, but noted Moore could appeal.
"The ruling doesn't address the merits of the claims," Barker said. "But even taking the allegations of the complaint as true, they don't establish a sufficient connection with the state of Colorado."
Lawyers for Bertuzzi, Crawford and the Canucks did not immediately return calls.
Bertuzzi faced up to 18 months in prison after Vancouver authorities charged him with assault. He pleaded guilty to assault causing bodily harm and received a conditional discharge. He was sentenced to a year's probation and 80 hours of community service.
Bertuzzi was reinstated to the NHL in August after being indefinitely suspended and missing 13 regular-season games and the Stanley Cup playoffs in 2004, giving up about $502,000 US in salary. He is due to earn about $5.2 million this season.
Moore is an unrestricted free agent, but he has said the Avalanche plan to sign him to a new contract once his doctors clear him to play again.
http://tsn.ca/nhl/news_story/?ID=139625&hubname=
Canadian Press
10/13/2005 12:10:49 PM
DENVER (AP) - A lawsuit filed against Vancouver's Todd Bertuzzi over his attack on former Avalanche forward Steve Moore was tossed out Thursday by a judge who said the case has no standing in Colorado.
Denver district Judge Shelley Gilman agreed with lawyers for Bertuzzi and others that any case would be better handled in Canada, where the hit occurred last year.
Moore and each defendant are residents of Canada or businesses headquartered there, the judge noted.
"It is highly likely that Colorado law will not apply to most, if not all, of Moore's claims," Gilman wrote. "British Columbia bears the most significant relationship to Moore's claims."
Moore hasn't played since the March 8, 2004, game when Bertuzzi grabbed him from behind, punched him in the head and drove his head into the ice during a game in Vancouver. Moore suffered three fractured vertebrae in his neck, a concussion and other injuries.
Moore was seeking unspecified damages from the Canucks, team owner Orca Bay Hockey Limited Partnership, Bertuzzi, coach Marc Crawford, former general manager Brian Burke and former Canucks player Brad May, who now plays for Colorado.
Moore's lawyers did not immediately return a call seeking comment.
They had argued that Moore was a Colorado resident when he was injured and when he filed the suit, giving him the right to seek damages in a Colorado court. They also said events leading up 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.
After the February game, Bertuzzi, May, Crawford and Burke met in Denver and planned Bertuzzi's attack as retaliation, according to Lee Foreman, Moore's lawyer. The lawsuit accused Bertuzzi and the other defendants of civil conspiracy, assault, battery and negligence.
Foreman argued that the formation of the alleged conspiracy in Denver, and the fact that Moore received medical treatment in Denver, was enough to allow Moore to pursue his lawsuit in Colorado. The judge disagreed.
"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, she wrote.
She also said she was required to dismiss the case under a state law enacted in response to a large number of cases filed by non-residents.
Factors she had to consider included Moore's residency, the fact that he could file his case in British Columbia, the fact that the injury occurred in Canada and the fact that most witnesses to the injury are in Canada, she said.
Burke's lawyer, Scott Barker, said his client was not in Denver when the alleged conspiracy was formed. He said he was pleased with the ruling, but noted Moore could appeal.
"The ruling doesn't address the merits of the claims," Barker said. "But even taking the allegations of the complaint as true, they don't establish a sufficient connection with the state of Colorado."
Lawyers for Bertuzzi, Crawford and the Canucks did not immediately return calls.
Bertuzzi faced up to 18 months in prison after Vancouver authorities charged him with assault. He pleaded guilty to assault causing bodily harm and received a conditional discharge. He was sentenced to a year's probation and 80 hours of community service.
Bertuzzi was reinstated to the NHL in August after being indefinitely suspended and missing 13 regular-season games and the Stanley Cup playoffs in 2004, giving up about $502,000 US in salary. He is due to earn about $5.2 million this season.
Moore is an unrestricted free agent, but he has said the Avalanche plan to sign him to a new contract once his doctors clear him to play again.