Bertuzzi says Crawford should share blame

Todd Bertuzzi went on the offense in the defense of his actions in the 2004 on-ice attack against Colorado’s Steve Moore, alleging that his then-coach Marc Crawford be held partially responsible for the incident.

Bertuzzi, formerly with the Vancouver Canucks and now with the Ducks, filed what is called a third-party notice in Ontario Superior Court in Canada. He has not sued Crawford, as some reports have suggested. Crawford coaches the Kings.

Bertuzzi received widespread condemnation throughout North America, particularly in Canada, for hitting Moore from behind in that game on March 8, 2004, and effectively ending Moore’s playing career. Moore, who suffered a broken neck and a concussion, is suing Bertuzzi for $38 million.

Crawford has not been added as a defendant in the Moore lawsuit, and Moore’s lawyer, Tim Danson, could not be reached for comment. Bertuzzi, at the Ducks’ morning skate today, declined to comment, referring reporters to his agent.

“We are not prepared to comment, except to say Todd Bertuzzi has claimed that Marc Crawford has to share in the responsibility for any damages awarded to Steve Moore,” said Bertuzzi’s lawyer, Geoffrey Adair, today to CBC News.

Court papers, filed earlier this month in Ontario, were obtained by the CBC, alleging that Crawford “failed to exercise control and caution his players against physical aggression toward Moore.”

Previously, Bertuzzi had alleged in court papers obtained by The Times in the Moore litigation that Crawford told his players in between periods of the March 8 game that Moore had to “pay the price.”

One Canadian legal expert thought Bertuzzi would be facing a two-pronged problem in attempting to pull Crawford into the legal fray. University of Alberta law professor Russell Brown said that his tort law class discussed the case on Thursday before the latest court papers surfaced today.

“It’s a pretty ambiguous direction,” he said in a telephone interview from Edmonton. “There are lots of opportunities within the rules of hockey … that might fall within how you make someone pay. It’s not obvious that’s an instruction to go out and actually intentionally injure someone.

“The other problem with Mr. Bertuzzi’s argument is that it’s a bit of a stretch to say that you’re contractually bound, even when your coach has told you can reasonably be said to mean, go out and intentionally injure someone. It seems a stretch to say that you’re contractually bound to do that. That’s a huge leap. Even in hockey.”

Crawford, whose team was to practice later today, has not commented on the case beyond issuing this statement in December.

“Media reports have recently resurfaced regarding my alleged involvement in the 2004 on-ice incident in Vancouver,” he said. “When this occurred more than three years ago, I responded to every possible question and inquiry about this unfortunate incident. With that in mind, I am not going to re-engage this process and comment further on these reports.”

Times Staff Writer Eric Stephens contributed to this story

lisa.dillman@latimes.com