Litigation over a falling fat guy at Shea Stadium enters year four

Leave a comment

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)

Marlins pitcher Jose Fernandez killed in a boating accident

MIAMI, FL - AUGUST 03: Jose Fernandez #16 of the Miami Marlins looks on during a game against the New York Mets at Marlins Park on August 3, 2015 in Miami, Florida.  (Photo by Mike Ehrmann/Getty Images)
Getty Images
14 Comments

Horrible news: Miami Marlins ace starting pitcher Jose Fernandez was killed in a boat crash off of Miami Beach late last night.

No details have been released yet, apart from the fact that Fernandez was one of three people killed. The Marlins have issued a statement confirming Fernandez’s death, stating that the organization is devastated and that their thoughts and prayers were with Fernandez’s family. Today’s Marlins game against the Braves has been canceled.

Fernandez was only 24 years old. Though only in his fourth season in the majors, he was easily one of the best and most exciting pitchers in the game. In his four seasons he won 38 games and posted a fantastic ERA of 2.58 while striking out 11.2 batters per nine innings. He was an electric presence on the mound and was poised to become one of baseball’s most highly-paid and entertaining superstars.

His baseball exploits seem trivial now, however. His loss at such a young age, tragic. Our thoughts today are with Fernandez’s family, the Marlins organization and those who knew and loved him.

The Nationals are NL East champs once again

PITTSBURGH, PA - SEPTEMBER 24:  Max Scherzer #31 of the Washington Nationals celebrates after clinching the National League East Division Championship after defeating the Pittsburgh Pirates 6-1 at PNC Park on September 24, 2016 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
Getty Images
Leave a comment

Another day, another division title in the bag. The Nationals coasted to a 6-1 finish over the Pirates on Saturday evening; coupled with a Mets’ loss later that night, the NL East title was theirs for the third time since 2012.

The Nationals put up a three-spot in the first and fourth innings, scoring five of six runs on productive outs while Washington starter Joe Ross tossed 2  innings of one-run ball in his second start off the disabled list. Prior to the game, manager Dusty Baker seemed reluctant to delegate a set number of pitches to the right-hander, opting instead to base Ross’s workload on his performance.

Washington’s bullpen carried the team the rest of the way, combining for 6 ⅓ scoreless frames to preserve their five-run lead. When Anthony Rendon snared a liner from Andrew McCutchen to end the game, all eyes turned to the clubhouse TVs:

Murphy had sufficient cause for worry: After trailing 10-0 through four innings, the Mets returned with an eight-run drive that culminated with Jay Bruce‘s solo shot in the ninth inning. Had Bruce hit the home run after Philadelphia closer Michael Mariot issued a pair of walks, and not before, the Mets would have edged out the Phillies, 11-10. Instead, their late-game rally ended on a fastball down the middle, and the Phillies’ 70th victory confirmed the Nats’ place atop the NL East.

While Max Scherzer donned his two-toned goggles and Bryce Harper braved the champagne showers in U.S. Olympic swimmer Katie Ledecky’s swim cap, Baker was already thinking about Sunday’s start. Against the Pirates’ Tyler Glasnow, Baker announced his plans to start 24-year-old A.J. Cole, whose seven starts have yielded a 4.68 ERA and 0.2 fWAR in 32 ⅔ innings this year.

Cole hasn’t displayed the sharpest stuff in his sophomore season, touting a high 3.03 BB/9 and 1.93 HR/9, but with the division locked down and the Cubs in sole possession of home field advantage through the NLCS, the Nationals have bigger concerns as the playoffs draw near.