Litigation over a falling fat guy at Shea Stadium enters year four

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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)

The Mariners are hosting a “Celebrating Women in Baseball” night this summer

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The Mariners have announced that on August 15, the first event in their “Beyond the Baselines” series will be held at Safeco Field. This one is called “Celebrating Women in Baseball.” Those who purchase tickets will receive a Mariners Women in Baseball t-shirt and a voucher for a drink. The event will include a pregame panel discussion in which the members of the panel discuss women’s contributions to the game and much more.

The panel includes moderator Meg Rowley of Baseball Prospectus, Shannon Drayer of 710 ESPN Seattle, Orioles director of analytics and major league contracts Sarah Gelles, Mariners scout Amanda Hopkins, and Mariners manager of baseball information Kelly Munro. The panel discussion will be streamed on Facebook Live, starting at 5:10 PM PT.

This is how you hold an event designed for women. There is no patronizing “101” class that treats all women as if they have no knowledge of the game. Women directly from the industry are invited to speak, not men speaking about “what if”s. Hopefully, the event goes swimmingly and it becomes something all the other teams in baseball adopt until women holding positions in baseball becomes so normal we don’t even notice it.

Terry Francona will not manage tonight’s game against the Rangers

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As we wrote this morning, Indians manager Terry Francona left last night’s game against the Rangers after falling ill. Specifically, he was said to be experiencing a rapid heart rate and dizziness, just as he did back on June 13 when he left an Indians-Dodgers game.

According to a release from the team, Francona was evaluated by doctors at Cleveland Clinic last night. The tests, thankfully, have ruled out any major health concerns, but Francona will not manage tonight’s game against the Rangers and was advised to stay at home rather than come to the ballpark. He will continue to be monitored.

Francona experienced some chest pains and had an elevated heart rate that caused him to leave a game early last season. In 2005 a similar episode caused him to miss three games while managing the Red Sox. He also has a history of embolisms and blood clots, some of which have hospitalized him in the past, so caution is certainly in order.

Bench coach Brad Mills will manage the team tonight.