TORONTO — The name of former Vancouver Canucks head coach Marc Crawford has been added to the multimillion-dollar lawsuit brought by Steve Moore, the former Colorado Avalanche player injured in an on-ice attack by Todd Bertuzzi in March of 2004.
The inclusion of Crawford, which could put him on the hook to pay part of a judgment if a ruling is made in Moore's favour, comes at the request of Bertuzzi, according to documents filed with the Ontario Superior Court and obtained by The Globe and Mail yesterday.
Bertuzzi claims his actions were inspired by Crawford's comment that Moore was an Avalanche player who had to "pay the price" for a damaging hit on Canucks captain Markus Naslund in an earlier game. In the document, Bertuzzi claims Crawford "knew or ought to have known that this was likely to result in injury to Moore."
That allegation has not been proven in court.
This is a composite of television images showing Vancouver Canucks' Todd Bertuzzi, left, punching Colorado Avalanche's Steve Moore during third period NHL action at GM Place in Vancouver on March 8, 2004. (Rogers Sportsnet/CP)
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In the document, Bertuzzi also says Crawford's "negligence" caused or contributed to the damages and that Crawford failed to exercise control over his players to caution against physical aggression toward Moore.
Moore's original $38-million lawsuit was filed against Bertuzzi and the Canucks. The latest court documents show Moore and his family consented to Bertuzzi's request to name Crawford as a third party in the case.
The Canucks' parent company, Orca Bay Hockey Limited Partnership, is also named.
Bertuzzi has requested that the Ontario Superior Court rule on the third-party claim at the same time as Moore's main action.
Geoffrey Adair, Bertuzzi's Toronto lawyer, clarified that his client, who now plays for the Anaheim Ducks, isn't launching a separate action against Crawford, but "has advanced a claim into the existing Moore action. To the extent Moore is awarded any damages, Crawford should share in the responsibility."
Adair declined to say anything more about the case. "We have to let the process take its course," he said.
Bertuzzi's camp believes Crawford, who now coaches the Los Angeles Kings, should be included in Moore's claim based on Bertuzzi's allegation it was a condition of his employment "that he take direction from Crawford in all matters related to his role or function as a player."
If Moore wins the case, Bertuzzi not only wants Crawford to be partially liable for the damages, but also pay some costs to defend against Moore's lawsuit.
Court has heard that Crawford is expected to testify that he yelled at Bertuzzi to get off the ice before his infamous attack on Moore.
Videotape of the incident shows the 6-foot-3, 245-pound Bertuzzi skated up the ice hollering at Moore. Bertuzzi has said he insulted Moore and asked him several times to engage in a fight. When Moore ignored the provocation, Bertuzzi attacked Moore from behind with a sucker punch and then fell on top of him.
Moore, a native of Windsor, Ont., suffered three fractured vertebrae in his neck, a concussion and facial cuts. The 29-year-old hasn't played since.
Bertuzzi was suspended indefinitely by the NHL and sat out 17 months before reinstatement.
He also was charged by police with assault after a four-month investigation. He pleaded guilty and was sentenced to probation and 80 hours of community service.
According to at least one legal expert, Bertuzzi's implication of Crawford as a responsible party and the inclusion of Crawford in the Moore claim are tenuous.
"It seems Bertuzzi is saying he was contractually bound to do what his coach tells him, and that by saying 'pay the price' it exposed Moore to danger, so he's saying the fault wasn't Bertuzzi's alone," University of Alberta law professor Russ Brown said. "That stretches things a bit.
"He's not contractually bound to injury someone. Yes, he might be contractually bound to expose Moore to harm, such as a hard bodycheck. He might even be able to say that 'pay the price' could mean to engage him in a fight. But for Bertuzzi to take the position that he's contractually bound to intentionally injure someone verges on the disingenuous."
