Bertuzzi Shoots...Everywhere
Sunday, March 30, 2008 at 11:35
Posted by Marcel Strigberger
Todd Bertuzzi is certainly going down with his skates on. In March of 2004 the former Vancouver forward attacked, without provocation, Colorado Avalanche’s Steve Moore from behind, smashing his face to the ice and throwing in a few solid punches for good measure.
Moore suffered some fractured vertebrae ending his hockey playing career. He is suing Bertuzzi for $38 million dollars. But Bertuzzi has now launched Third Party proceedings against his former coach, Marc Crawford, saying Crawford should pay any damages that the court may award against him as it was his coach’s fault for “failing to exercise control over and caution his players when he knew or ought to have known that this was likely to result in injury to Moore.”
Frankly I think by Third Partying only his coach, Bertuzzi is not going far enough. I can see liability all over the place and would suggest that Bertuzzi’s counsel amend his Third Party claim immediately to include the following obvious culprits:
1- The Stadium Organist.
Just before the assault the organist played “Hava Nagilla”. It is a know fact that this buoyant Hebrew song can incite listeners to action. He obviously must be added.
2- The Hot Dog Stand Owner.
Everybody loves a good hot dog. The hot dog guy should have offered a couple of red hots with sauerkraut and pickles to Todd before the game. This would have put him into a good mood and likely would have averted the assault. Adding him is a no brainer.
3- The Entire Avalanche Team.
If there was ever a case of gross negligence, this is it. Moore’s teammates and management should have known that Bertuzzi might suddenly act like Attila the Hun and cripple one of their players, but yet they failed to caution Moore about the high risk. They definitely should have asked Moore, for the entire game, to skate backwards. Any law student would know that.
4- Moore’s Parents
They enticed and encouraged their son to become a professional hockey player. They should have known getting attacked by Todd Bertuzzi was a crime just waiting to happen and they should have encouraged their son to become an accountant instead. This is fundamental first year law school stuff. The parents should have been the first to be Third Partied.
5- Lord Stanley
Need I say more.
Moore suffered some fractured vertebrae ending his hockey playing career. He is suing Bertuzzi for $38 million dollars. But Bertuzzi has now launched Third Party proceedings against his former coach, Marc Crawford, saying Crawford should pay any damages that the court may award against him as it was his coach’s fault for “failing to exercise control over and caution his players when he knew or ought to have known that this was likely to result in injury to Moore.”
Frankly I think by Third Partying only his coach, Bertuzzi is not going far enough. I can see liability all over the place and would suggest that Bertuzzi’s counsel amend his Third Party claim immediately to include the following obvious culprits:
1- The Stadium Organist.
Just before the assault the organist played “Hava Nagilla”. It is a know fact that this buoyant Hebrew song can incite listeners to action. He obviously must be added.
2- The Hot Dog Stand Owner.
Everybody loves a good hot dog. The hot dog guy should have offered a couple of red hots with sauerkraut and pickles to Todd before the game. This would have put him into a good mood and likely would have averted the assault. Adding him is a no brainer.
3- The Entire Avalanche Team.
If there was ever a case of gross negligence, this is it. Moore’s teammates and management should have known that Bertuzzi might suddenly act like Attila the Hun and cripple one of their players, but yet they failed to caution Moore about the high risk. They definitely should have asked Moore, for the entire game, to skate backwards. Any law student would know that.
4- Moore’s Parents
They enticed and encouraged their son to become a professional hockey player. They should have known getting attacked by Todd Bertuzzi was a crime just waiting to happen and they should have encouraged their son to become an accountant instead. This is fundamental first year law school stuff. The parents should have been the first to be Third Partied.
5- Lord Stanley
Need I say more.
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