Judge Dismisses Moore's Suit Against Bertuzzi

A Colorado state court judge has dismissed Steve Moore's lawsuit against Steve Bertuzzi, advising that the proper venue is likely in Canada. Moore sued Bertuzzi for damages stemming from an incident in a March 2004 game, where Bertuzzi punched Moore from behind and pushed him down into the ice. The hit, which violated the rules of hockey,** caused serious injuries to Moore and he has not played hockey since.

The judge ruled that none of the alleged illegal conduct took place in Colorado. A state law passed in 2004 places fairly severe restrictions on the ability of out-of-state residents to sue in Colorado courts. Moore alleged that the incident began with a game in Colorado, during which Moore hit and injured one of Bertuzzi's teammates, and that the hit on him was planned there, but this was not enough. ("Judge tosses out lawsuit against Bertuzzi for hit," ESPN, 10/13/05; Lindsay, "Judge rules Moore case for Canada," 10/14/05).

Perhaps Moore should try Switzerland. As I have said many times, my belief is that the suit should be thrown out in its entirety, as the incident was "part of the game," despite the awful consequences. For more, see these previous posts:

Hockey Fought the Law
Legal Liability for On-Field Actions, Part1 and Part 2

** I want to be careful not to say "illegal." The hit was undoubtedly "illegal" in terms of hockey law, but it is by no means clear that the hit violated the laws of this or any other country.

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