Pretty much, otherwise he'd have to prove some sort of negligence or criminal intent. However, I believe the damages he's seeking involves future earnings. He's trying to make Bertuzzi and the nucks pay for the money's he would have likely earned later in his career. Of course he doesn't know how his future career would have gone so the parties will likely settle for an amount smaller than 38.
In regards to his "future earnings", Wasn't Moore a borderline 4rth liner, with a pretty unsure hockey future?
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