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KLARNOLD
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Could a MLB pitcher be charged with assault if he intentionally hits a batter in the head/face and injures him and would the batter be criticized for pressing charges?
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Could a MLB pitcher...
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wolfmanalfredo
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This is a sue happy America and society so I wouldn't be suprised if someday someone tries to press charges...However I'm sure there are guidelines in place that state something to the effect that what happens on the field stays on the field....Maybe organizations and individual players are not liable or have the same consequences as every day civilian law
uniquebaseballcards
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There is much legal precedence for this if I'm not mistaken.
predatorkj
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I'd think you'd have to prove it was intentional. As for suing even if wasn't, just for damages sustained(like getting into a car accident), I'd think part of their contracts state that the club and the opposing club as well as the facility and every other party involved is not liable for anything.
magicpapa
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[h=2]Legal consequences[/h] Since inside pitching is a legitimate tactic in baseball, courts have recognized that being hit by a pitch is an inherent risk of the game, so that players cannot sue for any resulting injuries. On April 6, 2006, in a case arising from a game involving community college baseball teams, the Supreme Court of California ruled that baseball players in California assume the risk of being hit by baseballs even if the balls were intentionally thrown so as to cause injury.[SUP][9][/SUP] In the court's words: "For better or worse, being intentionally thrown at is a fundamental part and inherent risk of the sport of baseball. It is not the function of tort law to police such conduct."
hive17
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It adds nothing to the discussion, but who was the hockey player charged with assault for the guy he high-sticked and put in the hospital?
U L Washington Rookie
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Todd Bertuzzi? But I don't think a high-stick was involved with his incident.
hive17
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I thought he got the high stick into the guy's face? My memory is foggy anyway. I'll google it.
EDIT: McSorley vs. Brashear, where McSorley hit Brashear with his stick. McSorley didn't end up getting formally charged though.
Last edited:
U L Washington Rookie
Active member
OK, we were just thinking of different incidents. I think Bertuzzi is the guy who had charges pressed against him for something he did in a NHL game.
aarne13
Active member
Bertuzzi vs Moore.
Dino Ciccarelli went to jail briefly for an incident on ice (no injury).
Dino Ciccarelli went to jail briefly for an incident on ice (no injury).
Yes, I think he could, if it could be established that he was literally throwing at the batter without a reasonable doubt of simply "pitching inside." However, in baseball where contact is minimal yet incidental to playing the game, that seems a tough bar to clear. Something like the Clemens/Piazza broken bat incident is closer, though, or Delmon Young's bat throwing incident, where it really was something outside ordinary play. To say nothing of Juan Marichal vs John Roseboro.
If such a case was clear-cut, I don't know how much leeway the victim has in pressing charges. If a law enforcement officer arrests a pitcher for it, and the DA was willing to proceed with the case, it's out of the batter's hands, though in reality he probably would have input on it and if he asked the DA not to proceed, he probably wouldn't.
If such a case was clear-cut, I don't know how much leeway the victim has in pressing charges. If a law enforcement officer arrests a pitcher for it, and the DA was willing to proceed with the case, it's out of the batter's hands, though in reality he probably would have input on it and if he asked the DA not to proceed, he probably wouldn't.
predatorkj
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I think as far as the hockey reference goes, the same could happen in baseball. But I think where you get close to assault charges is if somebody ran out to the mound with a bat and started beating the pitcher with it. It's easily provable and there is intent to either seriously injure or kill the opposing player. Nobody of adult age is going to have any other intent. It's pretty common knowledge that a bat can do serious harm.
But, it's still not clear to me how a fight where actual people throw and land punches isn't considered a punishable offense. And also, if a batter just runs to the mound with the bat but doesn't actually use it, I suppose it could be considered a threat. Which is also punishable.
I guess for the most part the law doesn't touch sports fights. I've never seen any of the actual contracts they sign but there may be clauses in them that address this very thing. Who knows?
But, it's still not clear to me how a fight where actual people throw and land punches isn't considered a punishable offense. And also, if a batter just runs to the mound with the bat but doesn't actually use it, I suppose it could be considered a threat. Which is also punishable.
I guess for the most part the law doesn't touch sports fights. I've never seen any of the actual contracts they sign but there may be clauses in them that address this very thing. Who knows?
Go to 3:05 to see the injury. It was vicious.
http://en.wikipedia.org/wiki/Todd_Bertuzzi–Steve_Moore_incident
From the Wiki page: "Moore was knocked out and lay motionless for ten minutes before being carried off on a stretcher.[SUP][1][/SUP] The combination of the hit, fall, and piling-on had resulted in three fractured neck vertebrae, facial cuts and a concussion.[SUP][2][/SUP]"
Ready to read? It's law, lets remember that......nearly 9 years later something will be decided in Betuzzi v Moore. This was a civil suit in Canada
McSorely was charged in the province of BC with assault. See below Bertuzzi
[h=3]The Bertuzzi incident[edit][/h]Main article: Todd Bertuzzi–Steve Moore incident
Bertuzzi grabbing Moore's jersey before punching him.
On February 16, 2004, during a Vancouver-Colorado game, Moore injured Canucks team captain Markus Näslund with a blindside hit while Näslund was reaching for a puck through centre ice. Moore's shoulder contacted Näslund's head in the play. No penalty was called in connection with the hit, but Näslund suffered a concussion and a bone chip in his elbow as a result, and missed three games. The NHL ruled that the hit was legal and did not fine or suspend Moore. Canucks head coach Marc Crawford and general manager Brian Burke publicly criticized the non-call by the referees on the incident. Vancouver players indicated that they would get even with Moore, with left winger Brad May stating that he would put a bounty on Moore's head.
During the next game between the Canucks and Avalanche held in Denver, NHL commissioner Gary Bettman and NHL executive vice-president Colin Campbell attended the game, which ended in a tie and saw no major incidents break out.
However, on March 8, 2004, during another rematch between the Avalanche and Canucks, things went differently. In the first period, Moore fought Vancouver player Matt Cooke in a fairly even brawl, and served the 5-minute penalty for fighting. The Avalanche would go on to build up a large lead in a fight-filled game. Late in the third period, Todd Bertuzzi was sent onto the ice. After failing to instigate Moore to fight, Bertuzzi skated after Moore, punched him in the back of the head, and fell on top of him, followed by Moore's teammate Andrei Nikolishin and Bertuzzi's teammate Sean Pronger. Moore was knocked out and lay motionless for ten minutes before being carried off on a stretcher.[SUP][2][/SUP] The combination of the hit, fall, and piling-on had resulted in three fractured neck vertebrae, facial cuts and a concussion.[SUP][3][/SUP]
Bertuzzi was assessed a match penalty for his actions, which carries an automatic indefinite suspension under NHL rules. On March 11, 2004, the NHL announced Bertuzzi would remain suspended for at least the remainder of the Canucks' season, including any playoff games. The IIHF subsequently honoured the NHL suspension, preventing Bertuzzi playing in any international tournaments or leagues during the 2004–05 NHL lockout.
On August 22, 2004, Moore was released from a Denver-area hospital. He wore a neck brace for one year and then started physical therapy for his neck injury and concussion.
On February 17, 2005, Moore filed a civil lawsuit against Bertuzzi. Also named were Brad May (who was quoted as saying that there would "definitely be a price on Moore's head" after the game), Brian Burke and the Canucks organization. The lawsuit was thrown out in October 2005, with the judge suggesting that the lawsuit be re-filed in Vancouver, where the incident took place. Eventually re-filed in Canada, the lawsuit is still open.[SUP][4][/SUP]
On August 8, 2005, NHL Commissioner Gary Bettman announced that Bertuzzi would be allowed to play again at the start of the 2005–06 NHL season.[SUP][5][/SUP] In the league's decision, they cited many reasons for ending the suspension, such as:
On August 15, 2005, Bertuzzi broke his 17-month-long silence by once again admitting to his mistake and expressing a desire to move on with his life. "I'm sure just like Steve Moore and his family, it's been difficult for both parties. I know I wish that day never happened. It's been some tough times, but I've got good family and good friends and good peers in the league that have helped me get over the hump and move forward and come through it."[SUP][7][/SUP]
On November 8, 2005, Moore's Toronto-based lawyer, Tim Danson, said that Moore was skating and doing regular workouts, but continued to suffer concussion-related symptoms.[SUP][4][/SUP] He continued working out for some years afterward, but had to abandon his comeback attempt when it became apparent he would never be medically cleared to return to the ice again.
In July, 2012, former Avalanche enforcer Scott Parker, who had been a teammate of Moore's the season prior to the Bertuzzi incident in 2004, made some controversial comments. In an interview with milehighhockey.com, Parker defended Bertuzzi and spoke disparagingly of Moore, being quoted as saying "he (Moore) always thought he was better than everybody else. He went to Harvard, you know what, blow me. College grad. I never went to college, but I can kick your ass. I'll bring you right down to my IQ level if you want. I'll hit you about four times in the skull, that'll bring you right down." [SUP][8][/SUP][SUP][9][/SUP]
[h=4]Civil lawsuit[edit][/h]On February 16, 2006, Moore filed a civil suit in the province of Ontario against Bertuzzi, the Canucks, and the parent company of the Canucks, Orca Bay Sports and Entertainmentseeking $15 million in pecuniary damages for loss of income, $1 million for aggravated damages, and $2 million for punitive damages. Moore's parents, who were watching their son on television when the attack happened, are also suing, seeking $1.5 million "for negligent infliction of nervous shock and mental distress."(all figures in Canadian dollars). Moore's lawyer filed the suit one day before its two-year limitation expired, denying there was any connection between the timing and the 2006 Winter Olympics[SUP][10][/SUP] of which Bertuzzi participated in.
Bettman attempted to get Bertuzzi and Moore to agree on an out-of-court settlement in the CAD$19.5 million lawsuit filed by Moore.[SUP][11][/SUP] Bertuzzi offered $350,000 to settle the case, an amount which was called "an insult" by Moore's lawyer.[SUP][12][/SUP]
On March 28, 2008, Bertuzzi filed a lawsuit against Crawford, alleging that he was contractually obliged to obey Crawford and that therefore Crawford shares responsibility for the injury to Moore.[SUP][13][/SUP] In response, Crawford later stated that Bertuzzi acted in "direct disobedience" to orders from the bench to get off the ice before attacking Moore.[SUP][14][/SUP] On January 14, 2013, The Toronto Star reported that both Moore v. Bertuzzi, et al. and Bertuzzi v. Crawford would begin, after having been postponed several times, in April of 2013. Both cases will be held in the Ontario Superior Court before a six person jury.[SUP][15][/SUP] Danson said that neurosurgeons working with Moore had determined Moore had suffered a "permanent brain injury" so severe that it had done "serious damage to his post-NHL career." Moore himself has said that he still experiences headaches and difficulty concentrating.[SUP][16][/SUP]
On January 4, 2012, Bertuzzi dropped his third-party lawsuit against Crawford.
[h=3]McSorley incident[edit][/h]During the February 21, 2000 Vancouver-Boston game, Brashear was involved in a fight with Marty McSorley. Brashear handily won the fight and on his way to the penalty box taunted the Bruins bench.[SUP][16][/SUP] Later in the game Brashear collided with Bruins' goaltender Byron Dafoe, who had to be taken off on a stretcher with a knee injury. For the rest of the game, McSorley attempted to fight Brashear, who refused.[SUP][17][/SUP] With three seconds left in the game[SUP][18][/SUP] McSorley struck Brashear with a two-handed slash to the temple with hisstick.[SUP][16][/SUP] Brashear collapsed. His helmet fell off upon impact. He suffered a seizure on the ice and the slash resulted in a grade 3 concussion.[SUP][17][/SUP] McSorley received an indefinite suspension[SUP][19][/SUP] and was charged with assault with a weapon as a result of his actions.[SUP][20][/SUP]
The case went to trial in British Columbia, where Brashear testified that he has no memory of the incident.[SUP][21][/SUP] McSorley testified that he tried to hit Brashear in the shoulder to start a fight with him, but missed resulting in the head shot.[SUP][22][/SUP] McSorley was found guilty but avoided a jail sentence. He was required to complete 18 months of probation, in which he was not allowed to play against Brashear.[SUP][23][/SUP] Brashear returned to play prior to the end of the season.[SUP][16][/SUP] McSorley, who missed the remaining 23 games of the season, had his suspension officially set at one year following the conviction.[SUP][24][/SUP] He never played in another NHL game.[SUP][25][/SUP]
McSorely was charged in the province of BC with assault. See below Bertuzzi
[h=3]The Bertuzzi incident[edit][/h]Main article: Todd Bertuzzi–Steve Moore incident
Bertuzzi grabbing Moore's jersey before punching him.
On February 16, 2004, during a Vancouver-Colorado game, Moore injured Canucks team captain Markus Näslund with a blindside hit while Näslund was reaching for a puck through centre ice. Moore's shoulder contacted Näslund's head in the play. No penalty was called in connection with the hit, but Näslund suffered a concussion and a bone chip in his elbow as a result, and missed three games. The NHL ruled that the hit was legal and did not fine or suspend Moore. Canucks head coach Marc Crawford and general manager Brian Burke publicly criticized the non-call by the referees on the incident. Vancouver players indicated that they would get even with Moore, with left winger Brad May stating that he would put a bounty on Moore's head.
During the next game between the Canucks and Avalanche held in Denver, NHL commissioner Gary Bettman and NHL executive vice-president Colin Campbell attended the game, which ended in a tie and saw no major incidents break out.
However, on March 8, 2004, during another rematch between the Avalanche and Canucks, things went differently. In the first period, Moore fought Vancouver player Matt Cooke in a fairly even brawl, and served the 5-minute penalty for fighting. The Avalanche would go on to build up a large lead in a fight-filled game. Late in the third period, Todd Bertuzzi was sent onto the ice. After failing to instigate Moore to fight, Bertuzzi skated after Moore, punched him in the back of the head, and fell on top of him, followed by Moore's teammate Andrei Nikolishin and Bertuzzi's teammate Sean Pronger. Moore was knocked out and lay motionless for ten minutes before being carried off on a stretcher.[SUP][2][/SUP] The combination of the hit, fall, and piling-on had resulted in three fractured neck vertebrae, facial cuts and a concussion.[SUP][3][/SUP]
Bertuzzi was assessed a match penalty for his actions, which carries an automatic indefinite suspension under NHL rules. On March 11, 2004, the NHL announced Bertuzzi would remain suspended for at least the remainder of the Canucks' season, including any playoff games. The IIHF subsequently honoured the NHL suspension, preventing Bertuzzi playing in any international tournaments or leagues during the 2004–05 NHL lockout.
On August 22, 2004, Moore was released from a Denver-area hospital. He wore a neck brace for one year and then started physical therapy for his neck injury and concussion.
On February 17, 2005, Moore filed a civil lawsuit against Bertuzzi. Also named were Brad May (who was quoted as saying that there would "definitely be a price on Moore's head" after the game), Brian Burke and the Canucks organization. The lawsuit was thrown out in October 2005, with the judge suggesting that the lawsuit be re-filed in Vancouver, where the incident took place. Eventually re-filed in Canada, the lawsuit is still open.[SUP][4][/SUP]
On August 8, 2005, NHL Commissioner Gary Bettman announced that Bertuzzi would be allowed to play again at the start of the 2005–06 NHL season.[SUP][5][/SUP] In the league's decision, they cited many reasons for ending the suspension, such as:
- Bertuzzi serving a suspension of 20 games, which at the time tied for 4th longest in NHL history (13 regular season games, 7 playoff games)[SUP][6][/SUP]
- Bertuzzi's repeated attempts to apologize to Moore personally
- Bertuzzi's forfeited salary ($501,926.39 USD)
- Lost endorsements (approximately $350,000.00 USD)
- Significant uncertainty, anxiety, stress and emotional pain caused to Bertuzzi's family
- The commissioner's belief that Bertuzzi was genuinely remorseful and apologetic for his actions
On August 15, 2005, Bertuzzi broke his 17-month-long silence by once again admitting to his mistake and expressing a desire to move on with his life. "I'm sure just like Steve Moore and his family, it's been difficult for both parties. I know I wish that day never happened. It's been some tough times, but I've got good family and good friends and good peers in the league that have helped me get over the hump and move forward and come through it."[SUP][7][/SUP]
On November 8, 2005, Moore's Toronto-based lawyer, Tim Danson, said that Moore was skating and doing regular workouts, but continued to suffer concussion-related symptoms.[SUP][4][/SUP] He continued working out for some years afterward, but had to abandon his comeback attempt when it became apparent he would never be medically cleared to return to the ice again.
In July, 2012, former Avalanche enforcer Scott Parker, who had been a teammate of Moore's the season prior to the Bertuzzi incident in 2004, made some controversial comments. In an interview with milehighhockey.com, Parker defended Bertuzzi and spoke disparagingly of Moore, being quoted as saying "he (Moore) always thought he was better than everybody else. He went to Harvard, you know what, blow me. College grad. I never went to college, but I can kick your ass. I'll bring you right down to my IQ level if you want. I'll hit you about four times in the skull, that'll bring you right down." [SUP][8][/SUP][SUP][9][/SUP]
[h=4]Civil lawsuit[edit][/h]On February 16, 2006, Moore filed a civil suit in the province of Ontario against Bertuzzi, the Canucks, and the parent company of the Canucks, Orca Bay Sports and Entertainmentseeking $15 million in pecuniary damages for loss of income, $1 million for aggravated damages, and $2 million for punitive damages. Moore's parents, who were watching their son on television when the attack happened, are also suing, seeking $1.5 million "for negligent infliction of nervous shock and mental distress."(all figures in Canadian dollars). Moore's lawyer filed the suit one day before its two-year limitation expired, denying there was any connection between the timing and the 2006 Winter Olympics[SUP][10][/SUP] of which Bertuzzi participated in.
Bettman attempted to get Bertuzzi and Moore to agree on an out-of-court settlement in the CAD$19.5 million lawsuit filed by Moore.[SUP][11][/SUP] Bertuzzi offered $350,000 to settle the case, an amount which was called "an insult" by Moore's lawyer.[SUP][12][/SUP]
On March 28, 2008, Bertuzzi filed a lawsuit against Crawford, alleging that he was contractually obliged to obey Crawford and that therefore Crawford shares responsibility for the injury to Moore.[SUP][13][/SUP] In response, Crawford later stated that Bertuzzi acted in "direct disobedience" to orders from the bench to get off the ice before attacking Moore.[SUP][14][/SUP] On January 14, 2013, The Toronto Star reported that both Moore v. Bertuzzi, et al. and Bertuzzi v. Crawford would begin, after having been postponed several times, in April of 2013. Both cases will be held in the Ontario Superior Court before a six person jury.[SUP][15][/SUP] Danson said that neurosurgeons working with Moore had determined Moore had suffered a "permanent brain injury" so severe that it had done "serious damage to his post-NHL career." Moore himself has said that he still experiences headaches and difficulty concentrating.[SUP][16][/SUP]
On January 4, 2012, Bertuzzi dropped his third-party lawsuit against Crawford.
[h=3]McSorley incident[edit][/h]During the February 21, 2000 Vancouver-Boston game, Brashear was involved in a fight with Marty McSorley. Brashear handily won the fight and on his way to the penalty box taunted the Bruins bench.[SUP][16][/SUP] Later in the game Brashear collided with Bruins' goaltender Byron Dafoe, who had to be taken off on a stretcher with a knee injury. For the rest of the game, McSorley attempted to fight Brashear, who refused.[SUP][17][/SUP] With three seconds left in the game[SUP][18][/SUP] McSorley struck Brashear with a two-handed slash to the temple with hisstick.[SUP][16][/SUP] Brashear collapsed. His helmet fell off upon impact. He suffered a seizure on the ice and the slash resulted in a grade 3 concussion.[SUP][17][/SUP] McSorley received an indefinite suspension[SUP][19][/SUP] and was charged with assault with a weapon as a result of his actions.[SUP][20][/SUP]
The case went to trial in British Columbia, where Brashear testified that he has no memory of the incident.[SUP][21][/SUP] McSorley testified that he tried to hit Brashear in the shoulder to start a fight with him, but missed resulting in the head shot.[SUP][22][/SUP] McSorley was found guilty but avoided a jail sentence. He was required to complete 18 months of probation, in which he was not allowed to play against Brashear.[SUP][23][/SUP] Brashear returned to play prior to the end of the season.[SUP][16][/SUP] McSorley, who missed the remaining 23 games of the season, had his suspension officially set at one year following the conviction.[SUP][24][/SUP] He never played in another NHL game.[SUP][25][/SUP]
