October 13, 2005

Lawsuit over Bertuzzi’s brutal NHL hit dismissed

VANCOUVER, British Columbia (Reuters) - A U.S. judge has
dismissed Steven Moore's civil lawsuit against Vancouver
Canucks' all-star Todd Bertuzzi over a brutal on-ice attack
during a National Hockey League game in 2004.

Colorado District Court Judge Shelley Gilman said the U.S.
state court lacked jurisdiction over the incident, which
occurred in Vancouver, British Columbia, during a game between
the Canucks and Moore's Colorado Avalanche.

"British Columbia bears the most significant relationship
to Moore's claims," Gilman wrote in her eight-page ruling, made
public on Thursday.

The attack, which left Moore with a neck injury from which
he is still recovering, drew international media attention and
marked one of the rare times that violence in a professional
hockey game resulted in criminal and civil court action.

Moore sued Bertuzzi and several other members of the
Canucks team for damages, alleging they conspired to retaliate
for an injury suffered by Vancouver captain Markus Naslund in a
collision with Moore during an earlier game in Denver.

Gilman ruled that Moore's claim that the conspiracy began
in Denver was not sufficient for him to sue for damages in
Colorado, and noted he had not lived in the state after being
hurt. Both Moore and Bertuzzi are Canadians.

In the March 8, 2004, attack, Bertuzzi skated up behind
Moore and punched him in the head. He then landed on top of
Moore as they fell to the ice under a pile of players.

Bertuzzi pleaded guilty to a criminal assault charge in
Vancouver, and was given a conditional discharge that required
he do community service work. He also apologized for the

The NHL suspended Bertuzzi after the attack, but lifted the
suspension before the start of this season.

Moore is now a free agent, but has indicated he would like
to return to the Avalanche when his injuries heal.