Funny since this topic came up in the latest edition of "We've got Game -- click here if you want to listen (at about 45-minute mark) -- that the idea of legal action against Brad MacMillan continues to come up.

It was Journal Gazette columnist Ben Smith's contention that these legal actions against hockey players, who goon it up on the ice, never work out.

I chimed in that Todd Bertuzzi would beg to differ.

Full disclosure here, I am not a lawyer. But I tend to think that since this MacMillan incident happened in an exhibition game, it's more likely that he faces legal action.

One could make the argument that in an exhibition game, Dave Van Drunen couldn't reasonably expect to have his face caved in by MacMillan. How often does this happen in the preseason? How often by veterans expected to make their respective teams?

I just tend to think a delineation could be made, by a savvy attorney, between regular season and preseason games and what is assumed risk.