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 Game: Los Angeles Dodgers @ Chicago Cubs NLCS Game 6
The Time: 8:00 PM EDT
The Place: Wrigley Field, Chicago
The Channel: FS1
The Starters: Kyle Hendricks (Cubs) vs. Clayton Kershaw (Dodgers)
We’re pulling out the big guns for this one. The Cubs took Los Angeles by storm again in Game 5, closing out their road trip with an eight-run spread over the Dodgers, and tonight they’ll try to clinch the NLCS on home turf in Game 6.
Pitching-wise, it’s a rematch of Game 2 with Kyle Hendricks (16-8, 2.13 ERA) and Clayton Kershaw (12-4, 1.69 ERA) on the mound. Kershaw took the first set against the Cubs, going seven scoreless innings with six strikeouts in Game 2 while Hendricks held the Dodgers to a single run over 5 1/3 innings. Adrian Gonzalez was the only Dodger to capitalize on Hendricks’ cutter, going yard in his first at-bat to generate a 1-0 lead.
The Cubs’ biggest strength so far this series has been an electric offense, something the Dodgers have struggled to replicate against left-hander Jon Lester and Joe Maddon’s airtight bullpen. While they’ve already beaten Hendricks at Wrigley Field once this October, they’ll need Kershaw to go the distance in another playoff gem if they intend to keep the Cubs’ championship hopes at bay with a 3.4-run average. Should Kershaw and his crew knot the series again, the tiebreaker will fall to Rich Hill and Jake Arrieta in Game 7.
In a show of good sportsmanship, the Cleveland Cavaliers have moved their championship ring ceremony start time back to 7 PM EDT to avoid conflicting with the start of the World Series opener on Tuesday. The Indians are set to host Game 1 at Progressive Field on October 25, while the Cavs will open the 2016-17 NBA season against the New York Knicks at the nearby Quicken Loans Arena, preceded by a ceremony recognizing their first franchise title.
In the event that the Indians clinch a World Series title, it’ll be the first time Cleveland has seen two championships in the same calendar year since 1948, when the Indians’ last Series title came on the back of the Cleveland Browns’ All-American Football Conference championship against the Buffalo Bills. The same was true for the Dodgers in 1988, when their World Series win against the Athletics coincided with the Los Angeles Lakers’ 11th championship, while Chicago has yet to see a multi-title year among their NBA, NHL, NFL, and MLB franchises.
Regardless of the Series’ outcome, Cleveland fans will get the chance to revel in one long-awaited championship win on Tuesday before watching the beginning of a nail-biting conclusion to another long-awaited playoff run. The Cavaliers are scheduled for 7 PM EDT on October 25, while the Indians will take the field at 8 PM EDT.