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)

Report: Twins sign Erick Aybar to a minor-league deal

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The Twins have reportedly signed free agent shortstop Erick Aybar to a minor-league deal, LaVelle E. Neal III of the Star Tribune reported Friday. FanRag Sports’ Jon Heyman adds that the deal comes with a potential $1.25 million if Aybar reaches the majors, with additional incentives based on plate appearances. He’ll be able to opt out on March 27. The team has yet to confirm the signing.

Aybar, 34, is now four years removed from his career year in 2014. He’s been in a state of steady decline since then, slashing just .234/.300/.348 with seven home runs and 11 stolen bases over 370 plate appearances for the Padres in 2017. His poor performance wasn’t helped by a fractured left foot, either, which cost him almost six weeks on the disabled list.

Still, the Twins see something promising in the veteran infielder, and reportedly intend to use him as another utility option this spring. Per Neal, Aybar will join fellow backup infielders Eduardo Escobar and Ehire Adrianza and may even (temporarily) take over for Miguel Sano at third base if Sano isn’t able to shape up for the role by Opening Day.