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Moore Civil Trial Date Set

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Old
09-14-2011, 05:56 PM
  #26
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Originally Posted by parabola View Post
Well while this thread is here might as well discuss it somewhat before I get bored of it - again. Don't you think Moore will have a tough time convincing people he's suffered brain damage?

Actually now that I think about it, the fact he's seeking about 20 million out of this whole thing, I think he might have a case.
This will be a battle of the medical experts as to the extent and severity/permanence of the neurological damage from the brain injury and also the actuaries to calculate damages for past and future loss of income based upon contingencies.

In terms of what the courts do this is pretty much run of the mill - the unique aspect is that this involves hockey players rather than an MVA.

From a legal issue perspective the claim for vicarious liability and/or negligent supervision against the team and Crawford are the most interesting but it is not uniqueas there is case law in sports on this issue already.

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09-14-2011, 05:58 PM
  #27
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Originally Posted by Dolemite View Post
Psst. David Shoalts is now covering this story. Enjoy.
Fatty covers everything, intentionally or not, because he's fat.

This case will have major implications on the future of the NHL, and other professional leagues, and its insurance policies.

Perhaps consent can be applied for fighting in the future

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Old
09-14-2011, 05:58 PM
  #28
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Thanks for the posts on this matter, Wetcoaster. I'm glad you've moved on from pushing your views on the HST and are again posting worthwhile topics and comments.

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Old
09-14-2011, 06:01 PM
  #29
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I believe part of purchasing the team by the Aquilinis entailed assuming liability for the Bertuzzi incident, but I could be wrong. I assume the corporation is being held liable, not the owners, so that liability would pass to the new owners because it's the same company.

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Old
09-14-2011, 06:03 PM
  #30
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Originally Posted by Tim Calhoun View Post
Any chance the McCaw-Aquilini sale agreement of Orca Bay/CSE had some sort of stipulation regarding this lawsuit?
I am pretty certain this was covered off in the sale agreement. I cannot believe any competent solicitor would have missed that. Now exactly what was negotiated we may never know unless it becomes a matter of dispute between the parties and reaches the courts.

Even then I would expect the sale agreement probably has a commercial arbitration clause (as opposed to going to court) and may well have a confidentiality agreement as part of that.

You may recall when the dustup with Beedie and Gaglardi group, we learned of the details of the Messier contract that would not have otherwise been public but for the court proceedings.

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09-14-2011, 06:07 PM
  #31
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Quote:
Originally Posted by Wetcoaster View Post
This will be a battle of the medical experts as to the extent and severity/permanence of the neurological damage from the brain injury and also the actuaries to calculate damages for past and future loss of income based upon contingencies.

In terms of what the courts do this is pretty much run of the mill - the unique aspect is that this involves hockey players rather than an MVA.

From a legal issue perspective the claim for vicarious liability and/or negligent supervision against the team and Crawford are the most interesting but it is not uniqueas there is case law in sports on this issue already.
You know, I would be 100% on Moore's side about this if he wasn't asking for 20 million dollars.

Because obviously he suffered SOME damage, whether thats mentally or physically. And the defendants involved are liable here. Bertuzzi did already plead guilty and do community service for this.

But asking for 20 million makes him seem like a dick. Not that it's the first (or last) time anyone has sued someone for a ridiculous amount.

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Old
09-14-2011, 06:08 PM
  #32
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Originally Posted by parabola View Post
AFAIK this no longer involves anyone in the Canuck organization.



All are no longer part of the Canucks organization.
That is incorrect as I noted in the OP.

Orca Bay has continued its legal existence but under new name. As I noted in my post above this matter will pretty much certainly have been part of the sale negotiations and the Aquilinis may have some degree of personal financial liability depending upon what occurs in court as to corporate liability. The general rule is when one purchases shares (as opposed to assets) as occurred here, the future contingent liabilities follow.

As I noted there likely is some form of indemnity agreement and it may involve sharing of liability.

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09-14-2011, 06:13 PM
  #33
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Originally Posted by parabola View Post
You know, I would be 100% on Moore's side about this if he wasn't asking for 20 million dollars.

Because obviously he suffered SOME damage, whether thats mentally or physically. And the defendants involved are liable here.

But asking for 20 million makes him seem like a dick. Not that it's the first (or last) time anyone has sued someone for a ridiculous amount.
Basic rule of pleadings for a Plaintiff in respect of personal injuries and future loss of income earning capacity, take all contingencies into account positively and calculate claimed damages from that perspective.

It means little and is not binding except possibly as an upper limit (I am unsure if this is so under the Ontario Rules of Civil Procedure) but this is usually the reason.

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09-14-2011, 06:30 PM
  #34
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Quote:
Originally Posted by Wetcoaster View Post
Basic rule of pleadings for a Plaintiff in respect of personal injuries and future loss of income earning capacity, take all contingencies into account positively and calculate claimed damages from that perspective.

It means little and is not binding except possibly as an upper limit (I am unsure if this is so under the Ontario Rules of Civil Procedure) but this is usually the reason.
I'd like to hear his reasoning how the injury damages + future income would total 20 million.

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09-14-2011, 06:42 PM
  #35
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Originally Posted by parabola View Post
I'd like to hear his reasoning how the injury damages + future income would total 20 million.
You will if it goes to trial.

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09-14-2011, 06:45 PM
  #36
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I guess worst case, this going to trial would provide a lot of amusing details.

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09-14-2011, 07:52 PM
  #37
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Originally Posted by parabola View Post
I guess worst case, this going to trial would provide a lot of amusing details.
And likely a lot of dirty laundry the NHL would prefer not be aired.

Some of the Avs were miked up for an ESPN documentary and It has been reported by CBC earlier that audio from the game will be part of the case.

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09-14-2011, 07:56 PM
  #38
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While I can understand that many posters want to move on from this ugly incident...and I'm aware it was discussed endlessly for years, this story will not go away until a decision is made...either a settlement or a court decision, either way it will have to be settled.

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09-14-2011, 08:09 PM
  #39
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Quote:
Originally Posted by Wetcoaster View Post
And likely a lot of dirty laundry the NHL would prefer not be aired.

Some of the Avs were miked up for an ESPN documentary and It has been reported by CBC earlier that audio from the game will be part of the case.
I remember that being said awhile back. Does that mean we'll actually hear that audio? That's going to be ridiculous.

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09-14-2011, 08:14 PM
  #40
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So is CSE incorporated or does Aquilini have to pay directly out of his pocket so to speak?

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Old
09-14-2011, 10:54 PM
  #41
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Originally Posted by Reverend Mayhem View Post
So is CSE incorporated or does Aquilini have to pay directly out of his pocket so to speak?
it is a corporation so there is limited liability.

But IIRC in the NHL Constitution or By-Laws there is a requirement that if a team is hit with a legal damage award, the owner or owners is expected to step up personally should the team not be able to pay up in full. Given the insurance and the profit the Canaucks are making, that is unlikely to be much of an issue if the court apportions liability and damages on the team.

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Old
09-14-2011, 11:21 PM
  #42
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Please...please...

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Old
09-15-2011, 12:42 AM
  #43
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Originally Posted by ubiquitous View Post
I don't think it's out of the question to speculate that Steve Moore could've made between 2-3 million if he had played out his full career. Not exactly chump change. The minimum pay for a player is over half a million, so when you look at it from that perspective, not even considering the fact that he could've become a better player and earned himself more than minimal pay as an NHLer.

I agree that he wasn't destined to be a top tier player, but to say he wouldn't have made millions, well, it depends how many millions we are talking...
I think he might have been able to make up to $5-6 million or so over the course of his career. His brother Dominic has made that much as a journeyman centre, and they're probably not that different as players. Dominic seemed to have a bit more offensive talent based on their stats up to their rookie year, but the gap isn't huge.

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