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)

Brett Lawrie “likely to be traded” by the A’s

Brett Lawrie

Oakland’s re-acquisition of infielder Jed Lowrie from Houston makes it “likely” that the A’s will now trade infielder Brett Lawrie, according to Susan Slusser of the San Francisco Chronicle.

Slusser says Lowrie’s arrival “all but ensures” both Lawrie and Danny Valencia are on the trading block, adding that Lawrie “is considered the better bet to be traded.”

Acquired last offseason from the Blue Jays in the Josh Donaldson trade, Lawrie hit .260 with 16 homers and a .706 OPS in 149 games while playing second base and third base. At age 25 he’s a solid player, but Lawrie has failed to live up to his perceived potential while hitting .263 with a .736 OPS in 494 career games.

At this point it sounds like the A’s plan to start Marcus Semien at shortstop and Lowrie at second base.

Gammons: The Red Sox could go $30-40 million higher on David Price than anyone else


Peter Gammons reports that the Red Sox are on a mission to sign David Price and that they will pay some serious money to get him. Gammons quotes one anonymous GM who says that he expects the Sox to “go $30-40 million above anyone else.”

The man calling the shots for the Sox is Dave Dombrowski and he knows Price well, of course, having traded for him in Detroit. But there is going to be serious competition for Price’s services with the Jays and Cubs, among many others, bidding for his services. It would be unusual for a team to outbid the competition by tens of millions as Gammons’ source suggests, but the dollars will be considerable regardless.

Sean Doolittle, Eireann Dolan hosted Syrian refugee families for Thanksgiving

Sean Doolittle

The Wednesday night before Thanksgiving usually means one thing: going to some mildly depressing bar in your hometown and meeting up with all of the people with whom you went to high school.

Oakland A’s pitcher Sean Doolittle and his girlfriend, Eireann Dolan, bypassed that dreary tradition and did something more uplifting instead: they hosted 17 Syrian refugee families for an early Thanksgiving dinner.

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There has been a lot of controversy lately about U.S. policy regarding Syrian refugees. Based on all of this, the only thing controversial here is that someone is letting that kid be a Chicago Bears fan. That’s no way to introduce anyone to the greatness of America.

Orioles have reached out to Yovani Gallardo

Yovani Gallardo
AP Photo/Tony Gutierrez

From Jon Heyman of CBS Sports comes word that the Orioles “like” free agent starter Yovani Gallardo and “have reached out to him” to gauge his interest in coming to Baltimore and what that might cost.

Gallardo rejected a one-year, $15.8 million qualifying offer from the Rangers earlier this month and so his free agency is tied to draft pick compensation, but that shouldn’t hurt his bottom line all that much.

The 29-year-old right-hander posted a solid 3.42 ERA in 184 1/3 innings (33 starts) this past season for Texas and he pitched well in his one ALDS start.

Heyman reported a few weeks ago that the Diamondbacks are interested, and the Cubs, Blue Jays, and Dodgers were tied to him just ahead of the July 31 trade deadline.