The New York Post reports today
on a lawsuit filed against the Mets by a woman named Ellen Massey who,
in 2007 was more or less crushed by a fat guy who came hurtling out of
his seat in her direction, breaking her vertebrae. Massey says the fat
guy was drunk. The fat guy said he was pushed. No word on whether Roger
McDowell has been subpoenaed yet.
My interest in this case is more one of personal blogging history, as it led to one of my first blog posts over at ShysterBall back in May of 2007
when it first arose. My take on it then echoes the rule we were taught
over and over in law school: if you’re going to sue a ballclub and the
beer vendor for overserving a fat guy who later falls on you and breaks
your back, you’d better be able to prove he wasn’t fit to be served in
the first place. It’s hornbook law, as they say.
By all accounts, Ms. Massey didn’t identify the falling fatty until
well after the event (back in 2007 it was still a John Doe complaint)
and if she didn’t know who he was at the time, I have no idea who she’s
supposed to establish that he was drunk and overserved at the time. And
that’s really the only basis for the Mets to have liability here. I
mean sure, the fat guy or his shovey friend could get sued
individually, but they’re not big and rich like the Mets are, so why
would any self-respecting plaintiff’s lawyers sue them?
But I think the best thing about the Post story is the way they portray one
of the Mets’ defenses — a boilerplate contributory negligence
allegation — as the kind of thing only a souless and heartless
victim-blaming monster could concoct. It’s a standard defense guys.
Lighten up, smarten up or stick to the wedding announcement business.
(thanks to Jason at IIATMS for the heads up)
Phillies outfielder Tyler Goeddel was included in Wednesday’s starting lineup against the Nationals. It’s notable because it’s only his eighth start in August. The Phillies selected Goeddel from the Rays in the Rule 5 draft during the winter, which means the club has had to keep him on its 25-man roster all season. If the club didn’t, it would have had to offer Goddel back to the Rays.
Goeddel is by no means a top prospect, but the Phillies deemed him worthy enough of taking a year-long 25-man roster spot, which are quite valuable. And the rebuilding Phillies aren’t exactly fighting for a playoff spot, so why not play him?
As Matt Gelb of the Philadelphia Inquirer reports, manager Pete Mackanin asked, “What’s the point?” in regards to starting Goeddel. Mackanin said, “I’ve seen enough of Goeddel to know. We’ve kept him this long and we’re going to keep him and we’ll see where we go next year with him. I don’t see a need to play him, especially after he hasn’t played so much.”
That seems like circular logic. You don’t see a need to play him because he hasn’t played much. Well, maybe if you played him more often, you’d see a reason?
In fairness, Goeddel hasn’t exactly torn the cover off the ball, putting up a .191/.250/.296 triple-slash line in 217 plate appearances. But the Phillies have chosen to play utilityman Cody Asche and journeyman Jimmy Paredes (“an extra player,” according to Mackanin), who both don’t figure to be in the Phillies’ future plans. Goeddel is only 23 years old. In May, when he was starting regularly, he posted a .794 OPS.
This isn’t a roster blunder on the Ruben Amaro, Jr. scale, but it’s a very odd way to handle a Rule-5 player for a rebuilding team.
Diamondbacks pitcher Shelby Miller returned to the majors on Wednesday after a stint of about a month and a half in the minor leagues. The right-hander had compiled an ugly 2-9 record and a 7.14 ERA over 14 big league starts along with a finger injury and the minor league demotion.
On Wednesday afternoon against the Giants at AT&T Park, Miller still got the loss, but he gave up only two runs on six hits and a walk with three strikeouts in three innings. It’s the fifth time in 15 starts he gave up two or fewer runs. Opposing starter Matt Moore, who nearly authored a no-hitter his last time out, was just a little bit better, limiting the D-Backs’ offense to a lone run in 5 1/3 innings. The Giants ultimately won 4-2.
You may recall Miller was part of the trade that forced the Diamondbacks to send Ender Inciarte, Aaron Blair, and 2015 No. 1 overall pick Dansby Swanson to the Braves. It’s a trade that chief baseball officer Tony La Russa defended as recently as last week.