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)

Masahiro Tanaka throws a Maddux

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You do know what a Maddux is, right? In case you forgot, it’s a complete game shutout in which the starter throws fewer than 100 pitches. Friend of HBT Jason Lukehart invented that little metric and, because Greg Maddux is my favorite player ever, it’s pretty much my favorite stat ever.

In the Yankees-Red Sox game tonight it was Masahiro Tanaka doing the honors, tossing 97-pitch three-hitter in which he only allowed one runner to reach second base to beat Boston 3-0. He only struck out three but he didn’t walk anyone. He retired the last 14 batters he faced.

Chris Sale was no slouch himself, striking out ten in eight innings. He’s pitched great this year but he’s not getting any help. The Sox have only scored four runs in his five starts. Boston has scored only 13 runs in their last seven games. They’ve been shut out three times in the past seven. They scored more runs than anyone last year, by the way.

The game only took two hours and twenty-one minutes. Or, like, half the time of a Yankees-Red Sox game in the early 2000s. Progress, people. We’re making progress.

Shelby Miller has a tear in his UCL, considering Tommy John surgery

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Nick Piecoro of the Arizona Republic reports that Diamondbacks pitcher Shelby Miller has a tear in his ulnar collateral ligament and is considering undergoing Tommy John surgery. Surgery would end Miller’s 2017 season and would cut into a significant portion — if not all — of his 2018 season as well.

Miller sent his MRI results to Dr. Neal ElAttrache and Dr. James Andrews for second and third opinions, respectively. He could choose to rehab his elbow rather than undergo surgery, but that comes with its own set of positives and negatives.

Miller lasted only four-plus innings in his most recent start on Sunday and carries a 4.09 ERA on the season, his second with the Diamondbacks. His time in Arizona has not gone well.