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 Mets had to scratch both Jose Reyes and Wilmer Flores an hour before Wednesday’s game against the Yankees due to ribcage injuries, so Travis d'Arnaud — normally a catcher — borrowed David Wright‘s glove and played third base for the first time in his career. He had played some third base in spring training, but as far as an official professional game goes, he’s never been there.
The first two batters the Yankees sent up to the plate in the first inning were left-handed. But when the right-handed Aaron Judge came up, manager Terry Collins swapped second baseman Asdrubal Cabrera with d’Arnaud. It became a thing. The two swapped once more in the first inning, three times in the second, once in the third, five times in the fourth, once in the fifth, three times in the sixth, four times in the seventh, once in the eighth, and twice in the ninth. It worked, as d’Arnaud didn’t have an opportunity to make a play until catching Todd Frazier‘s pop-up for the first out of the ninth inning — as a second baseman. Cabrera had a handful of opportunities, including immediately after having swapped with d’Arnaud.
The Mets lost 5-3. At the plate, d’Arnaud went 0-for-3 with a sacrifice fly. Cabrera was 1-for-4.
Matt Reynolds and Gavin Cecchini are being recalled from Triple-A Las Vegas so the Mets don’t have to do the “3B-2B shenanigans,” as MLB.com’s Anthony DiComo put it, again.
Cubs starter John Lackey stole the first base of his 15-year career on Wednesday against the Reds. Of course, he spent the first 11 and a half years of his career in the American League, where opportunities to bat, let alone attempt to steal a base, were rare. Lackey entered Wednesday having taken 250 plate appearances, reaching base just 31 times on 17 singles, seven doubles, and seven walks for a .134 on-base percentage. One can imagine the 38-year-old is not exactly the swiftest base runner.
Still, Lackey managed to swipe a bag in the fourth inning. He singled with two outs against Homer Bailey. Then, with an 0-1 count on Ben Zobrist, Lackey broke for second even before Bailey began his windup. Tucker Barnhart stood up to alert Bailey that Lackey was running, so Bailey wheeled around and threw to second base, but Lackey slid into the bag easily safe. It wasn’t a pretty slide, but it did the job.
Lackey, however, was picked off of second base by Barnhart later that inning. Bailey threw a 3-2 fastball wide of the strike zone, walking Zobrist. Lackey had wandered too far off of second base, so Barnhart threw behind Lackey and the tag was applied by Zack Cozart. Lackey was called safe initially. The play was reviewed and the ruling on the field was overturned, ending the fourth inning.
Base Ba’al giveth and Base Ba’al taketh away.