Oct 13, 2005 4:50 pm US/Mountain
Court Drops Moore's Case Against Bertuzzi
DENVER (CBS4) ―
Fomer Avalanche player Steve Moore's case against Todd Bertuzzi and the Vancouver Canucks was dismissed in Denver District Court Thursday morning.
Moore, who is still recovering from injuries he suffered from a brutal hit by Bertuzzi in March 2004 in a game in Vancouver, was 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.
Denver District Judge Shelley Gilman ruled that the court didn't have jurisdiction in the case because the incident happened in Vancouver and that the court didn't have jurisdiction over the defendants. She said Moore didn't have any evidence that the defendants should face trial in Colorado, adding that she doubted Colorado law would apply to most of Moore's claims.
Mike O'Donnell, an attorney for three of the defendants, told CBS4 News on Thursday that the defendants are glad the case was dismissed and that they wish the best for Moore.
Moore could file the suit in Canada, but it wasn't clear on Tuesday afternoon if that was in his plans.
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 is due to earn about $5.2 million this season from the Canucks.
Moore missed 12 regular-season games and 12 playoff games in the 2003-2004 season after suffering three fractured vertebrae in his neck, a concussion and other injuries when Bertuzzi grabbed him from behind, punched him on the head and then drove his head into the ice. Moore is an unrestricted free agent, but testified in court on Oct. 3 that Avalanche officials have told him they plan to sign him to a new contract once his doctors clear him to play again.
(Copyright © MMV CBS Television Stations, Inc.)
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