Thread: Vancouver Sun: Moore Civil Trial Date Set
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09-14-2011, 04:17 PM
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Originally Posted by Wetcoaster View Post
Quite a number of people including yourself who took the time to read and respond.

There are some very interesting issues this case will deal with such as vicarious liability and/or negligent supervision being alleged against the team by Moore, Bertuzzi's third party claim against Marc Crawford, etc.

Bertuzzi's liability for battery is not really at issue given his criminal conviction.

The damage award will be the major issue and in particular past income lost and future loss of income earning capacity.

Having done personal injury cases from both the defence (insurer) and plaintiff side, it is always difficult to determine when to go to trial as catastrophic injuries may not fully resolve or become clear until years after the event. In one case when I was on for an insurer we pushed an early settlement with a motorcyclist and he took it. Shortly thereafter he suffered a spinal cord injury when a cracked non displaced fracture of the vertebrae, displaced rendering him a near total quadriplegic. However as he has settled and signed a release, his only recourse was to sue his doctors for negligence in failing to detect the injury... and he was not successful.

In cases involving concussions and neurological injuries it can take years - as here to get a handle on the full extent of the injuries and be in a position to adduce evidence as to its future impact. And remember this stretches beyond his Moore's hockey career.

As Tim Danson, Moore's lawyer said recently:
“It has been very difficult for the process to take this long. But actually, we needed the passing of time to fully understand the magnitude of the brain injury. This (incident) just didn’t terminate his NHL career. It impacted everything in his life. It impacted his future and his future employment.

“We’ve had years to look at this now and because Steve Moore has exceptionally high intelligence and is a Harvard graduate, we needed to evaluate all the factors involved. If we went to a jury too early, you wouldn’t have had the answers. It has been a lot of years and a lot of tests and we’ve learned a lot about the brain. I can’t really go into details right now because that will be a live issue at the trial.”
Wet, if Moore wins damages against any or all defendants...who pays? Initially I'm thinking insurance companies...but is this true? Would Bert have to pay any or all costs?...or Crawford?...Orca Bay?

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