Steve Moore, the former Colorado Avalanche player injured after a blindside attack by Vancouver Canucks star Todd Bertuzzi in March 2004, has filed a civil lawsuit in a Denver court against Bertuzzi, Canucks teammate Brad May, head coach Marc Crawford, former Vancouver general manager Brian Burke and the Canucks hockey team.
The suit, filed Tuesday, alleges a series of charges including civil conspiracy, assault, battery, negligence and outrageous behavior. The suit asks for unspecified damages and that the case be heard before a jury.
The suit was filed in spite of the fact Moore told reporters in Toronto in December he would not file a civil suit unless doctors told him he couldn't play in the NHL again.
"The attack has been bad for our game. I don't want to be the cause for any more negativity to the NHL," Moore said at the time.
But his Toronto-based lawyer, Tim Danson, told ESPN.com on Thursday that the suit was filed to keep Moore's options open. There is a one-year statute of limitations on filing in Colorado; since part of Moore's legal argument is that the assault portion of the suit began in a game between Vancouver and Colorado in Denver on Feb. 16, 2004, the suit had to be filed this week.
"Steve's objective is to get better and play hockey and not be in court," Danson said. "The fact of the matter is Steve's recovery has not been as quick as we would like."
In civil cases, an assault may include only the "apprehension of fear," Danson said, as opposed to any physical harm which is the battery element.
The lawsuit claims that threats were first made against Moore during that Feb. 16 game after Vancouver captain Markus Naslund was injured by a borderline Moore check.
None of the defendants named in the suit contacted by ESPN.com would comment on the suit. Likewise, the NHLPA and NHL both declined comment Thursday.
Canucks senior vice president and general manager Dave Nonis released the following statement Thursday: "The Vancouver Canucks are aware of reports circulating to the effect a lawsuit has been commenced by Steve Moore in relation to the March 8, 2004, Colorado Avalanche vs Vancouver Canucks game. To date, the Canucks have no additional information and accordingly have no further comment at this time."
In the statement of claim, Moore's Denver lawyers -- some of whom were involved in the defense of Los Angeles Lakers star Kobe Bryant on sexual assault charges -- contend that the individuals named in the suit first planned out the attack on Moore following that game.
"Bertuzzi made a series of threats and derogatory comments against Moore, promising that he and/or other Canucks hockey players would retaliate against and injure Moore," the suit alleges.
Among the comments attributed to Bertuzzi is this one: "There's no way that punk will be in their lineup in March."
May is also alleged to have made similar threats, including: "There's definitely a bounty on his head. Clean hit or not, that's our best player and you respond -- it's going to be fun when we get him."
The suit alleges Burke, now a television analyst for TSN in Canada, and Crawford made "veiled threats and incendiary comments directed toward Moore, which were intended to induce the Canucks players they coached, supervised and directed to retaliate against and injure Moore."
Both Crawford and Burke called the Moore hit on Naslund a "cheap shot."
The suit further alleges that "as coach and general manager of the Canucks team Â… Crawford, Burke and the Canucks had a duty to ensure that its players, including Bertuzzi and May, did not engage in conduct that was intended to cause serious bodily injury or death to an opposing player, such as Moore."
The actual battery element of the case is alleged to have happened on the last regular-season meeting between the two teams, March 8 in Vancouver.
The Canucks fell behind early and in the third period trailed 8-2 when Bertuzzi tried to confront Moore. When Moore avoided the altercation, Bertuzzi hit Moore from behind and drove him to the ice.
The suit alleges that Moore suffered a broken neck, loss of consciousness, a concussion "and other injuries."
"Though he has undergone continuous rehabilitation since he was injured, he has been unable to undertake any significant exercise to this point," the suit said.
Moore, 26, was not offered a contract by the Avalanche at the end of last season and is a free agent. It remains unclear when or if Moore will be able to return to NHL-level play. The NHL canceled the balance of the 2004-05 season on Wednesday and there's no way of knowing when the league will start up again.
"I still suffer from significant post-concussion symptoms, which prevent me from living a fully normal life," Moore told reporters the day after Bertuzzi pleaded guilty to assault causing bodily harm in December. "I'm just not the same person I was."
Danson said Thursday that Moore's physical condition has not improved since December.
Bertuzzi, 30, pleaded guilty in a British Columbia court in exchange for a conditional discharge. He will not have a criminal record as a result of the plea. Bertuzzi, who remains suspended indefinitely by the NHL for the attack, must complete 80 hours of community service and one year of probation.
In his meeting with reporters after the Bertuzzi sentencing, Moore said that Bertuzzi had never offered a private apology although Bertuzzi has apologized several times in public for his actions.
It's possible there could be three venues for a civil suit -- Denver; Vancouver where the actual incident took place; and Toronto. Moore, May and Bertuzzi all live in the Toronto area in the offseason and it is where Moore is undergoing medical treatment.
Scott Burnside is a freelance writer based in Atlanta and is a frequent contributor to ESPN.com.