Moore files court papers against Bertuzzi, Canucks
VANCOUVER, British Columbia -- Steve Moore filed court papers Tuesday against Todd Bertuzzi, alleging assault and battery and giving the former Avalanche player the option to bring another lawsuit against the Canucks forward.
The writ of summons was filed in British Columbia Supreme Court the day before Moore's chance to sue Bertuzzi expired. The papers ask for general, special and punitive damages for Bertuzzi's hit on Moore during a game in Vancouver two years ago.
Moore's attorney, Tim Danson, said the papers were filed in case there are snags with Moore's other attempts to sue Bertuzzi. Moore filed a lawsuit in an Ontario court last month. He also filed a suit in Colorado in 2004 but it was thrown out.
"It's simply a precautionary step to check limitation periods," said Danson. "And we're confident there will be but one action and that will be in Ontario."
Moore contends he sustained serious physical and psychological injuries and continues to suffer from the injuries. Moore's parents, Jack and Anna, are also named in the latest court papers. They were watching the game on TV in their home in Thornhill, Ontario, and are asking for damages for shock and distress. The Vancouver Canucks and parent company Orca Bay were also named defendants.
Bertuzzi pleaded guilty to assaulting Moore in Vancouver on March 8, 2004, after knocking him to the ice with a roundhouse punch. Moore was left with three fractured neck vertebrae, a concussion and other injuries.
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. He lost about $502,000 in salary and is to earn about $5.2 million this season.
Bertuzzi faced up to 1½ years in prison after Vancouver authorities charged him with assault. He pleaded guilty and was then sentenced to probation and community service.
After playing for Canada during the Torino Olympics, Bertuzzi is back playing for the Canucks. Moore hasn't played since the attack and was not re-signed by the Avalanche.
His suit in Ontario last month is seeking $15 million in lost wages and damages from Bertuzzi and Orca Bay. The British Columbia suit does not include a monetary amount.
Copyright 2006 by The Associated Press