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)

Mike Matheny tried to have his own son picked off at first base

PHOENIX, AZ - AUGUST 26: Manager Mike Matheny #26 of the St Louis Cardinals looks on from the dugout during the first inning of a MLB game against the Arizona Diamondbacks at Chase Field on August 26, 2015 in Phoenix, Arizona. The Cardinals defeated the Diamondbacks 3-1. (Photo by Ralph Freso/Getty Images)
Ralph Freso/Getty Images
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Cardinals manager Mike Matheny has a son, Tate, who was selected by the Red Sox in the fourth round of the 2015 draft out of Missouri State University. Tate, an outfielder, spent the 2015 season with Low-A Lowell and last year played at Single-A Greenville.

Now in spring camp with the Red Sox, Tate is trying to continue his ascent through the minor league system. On Monday afternoon in a game against his father’s Cardinals, Tate pinch-ran after Xander Bogaerts singled to center field to lead off the bottom of the fifth inning. Mike wasn’t about to let his son catch any breaks. Via Derrick Goold of the St. Louis Post-Dispatch:

That’s right: Mike tried to have his own son picked off at first base. That’s just cold, man.

Tate was erased shortly thereafter when Mookie Betts grounded into a 6-4-3 double play. Tate got his first at-bat in the seventh and struck out.

Do we really need metal detectors at spring training facilities?

sloan-metal-detector-1
Craig Calcaterra
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MESA, AZ — Over the past couple of seasons we’ve, more or less, gotten used to the sight of metal detectors at major league ballparks. And the sight of long lines outside of them, requiring us to get to the park a bit earlier or else risk missing some of the early inning action.

Like so much else over the past fifteen and a half years, we’re given assurances by people in charge that it’s for “security,” and we alter our lives and habits accordingly. This despite the fact that security experts have argued that it’s a mostly useless and empty exercise in security theater. More broadly, they’ve correctly noted that it’s a cynical and defeatist solution in search of a problem. But hey, welcome to 21st Century America.

And welcome metal detectors to spring training:

scottsdale-metal-detector

Beginning this year, Major League Baseball is mandating that all spring training facilities use some form of metal detection, be it walkthrough detectors like the ones shown here at the Giants’ park in Scottsdale or wands like the one being used on the nice old lady above at the Cubs facility in Mesa.

I asked Major League Baseball why they are requiring them in Florida and Arizona. They said that the program was not implemented in response to any specific incident or threat at a baseball game, but are “precautionary measures.” They say that metal detection “has not posed significant inconvenience or taken away from the ballpark experience” since being required at big league parks in 2015 and believe it will work the same way at the spring training parks.They caution fans, however, that, as the program gets underway, they should allow for more time for entry.

And that certainly makes sense:

sloan-metal-detector-2

I took this photo a few minutes after the home plate gate opened at Sloan Park yesterday afternoon. As I noted this morning, the Cubs sell out every game in their 15,000-seat park. That’s a lot of wanding and, as a result, it could lead to a lot of waiting.

But the crowds here all seemed to get through the line pretty quickly. Perhaps because the wanding is not exactly a time-consuming affair:

Not every security guard was as, well, efficient as this guy. But hardly anyone walking through the gate was given a particularly thorough go-over. I saw several hundred people go through the procedure soon after the gates opened and most of them weren’t scanned bellow the level of their hip pockets. I went back a little closer to game time when most people were already in the park and the lines were shorter. The procedure was a bit more deliberate then, though not dramatically so. This is all new for the security people too — spring training just started — and it’s fair to say that they are trying hard to balance the needs of their new precautionary measures against the need to keep the lines moving and the fans happy.

On this day at least it seemed that fan happiness was winning. I spoke with several fans after they got through the gates and none of them offered much in the way of complaint about being wanded. The clear consensus: it’s just what we do now. We have metal detectors and cameras at schools and places of work and security procedures have been ratcheted up dramatically across the board. That we now have them at ballparks is not surprising to anyone, really. It’s just not a thing anyone thinks to question.

And so they don’t.