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)

Julio Urias to be called up, make his MLB debut tomorrow

GLENDALE, AZ - FEBRUARY 20:  Starting pitcher Julio Urias #78 of the Los Angeles Dodgers participates in a spring training workout at Camelback Ranch on February 20, 2016 in Glendale, Arizona.  (Photo by Christian Petersen/Getty Images)
Getty Images
Leave a comment

The Dodgers have been mulling this for a long time, but they just announced that they plan on calling up top prospect Julio Urias. He’ll be making his major league debut against the Mets tomorrow evening in New York.

Urias is just 19 years-old, but he’s shown that he’s ready for the bigs. In eight Triple-A games this year — seven starts — he’s 4-1 with a 1.10 ERA and a K/BB ratio of 44/8 in 41 innings. He has tossed 27-straight scoreless innings to boot. While the Dodgers and Urias’ agent are understandably wary of giving the young man too much work too soon, he has nothing left to prove at Oklahoma City.

Urias turns 20 in August. Tomorrow night he will become the first teenager to debut in the majors since 2012 when Dylan Bundy, Bryce Harper, Manny Machado, and Jurickson Profar each made their debuts.

 

Fox asked Vin Scully to work the All-Star Game. Vin said no.

vin scully getty
2 Comments

Richard Dietsch of Sports Illustrated reports that Fox officials asked Vin Scully if he wanted to work the All-Star Game, be it calling the full game, doing an inning, making a guest appearance or whatever. Scully, though appreciative, said no thanks.

We’ve been over this, but for however much it might make people happy for Scully to make this kind of national appearance, there’s nothing in his history or in his apparent nature that would make such a thing appeal to Scully. For as much as an institution he has become, he still thinks of himself as an employee who calls Dodgers games, goes home and that is that. He has shown considerable discomfort, however politely he has communicated it, at being treated as something different or more special than that. And that’s before you remember that (a) it would be a totally different setup for him which would require a lot of extra work; and (b) the All-Star Break is a time when most baseball people take a couple of days off.

As I said the last time we discussed this, if baseball at large wants to give Scully some sort of national sendoff, the best bet would be for the powers that be to figure out how to get the final Dodgers games of the season nationally televised without blackout restrictions. That way we can all watch him doing his thing, in his element, for a final time without it being gimmicky.

Brad Ausmus’ rage hoodie sells for over $5,000

DETROIT, MI - MAY 16:  Manager Brad Ausmus #7 of the Detroit Tigers covers home plate with his jacket after being ejected for arguing when Nick Castellanos #9 of the Detroit Tigers was called out on strikes by home plate umpire Doug Eddings in the fourth inning of a game against the Minnesota Twins at Comerica Park on May 16, 2016 in Detroit, Michigan. (Photo by Duane Burleson/Getty Images)
Leave a comment

We wrote recently that the hoodie Brad Ausmus was wearing during his May 16th ejection from a Tigers game was up for auction. Ausmus removed the hoodie during his little rant and draped it over home plate, fomenting both an ejection and a suspension. For what it’s worth, the Tigers are 6-2 since the incident, so go Ausmus Rage.

Anyway, the auction for the hoodie has closed and a winning bid declared. The bid: $5,010. The proceeds will go to the Tiny Tigers t-ball program funded by the Detroit Tigers Foundation and the Detroit Police Athletic League.

Who says rage is a negative emotion?

David Wright: Matt Harvey made a mistake not talking to the media

NEW YORK, NY - MAY 19: Pitcher Matt Harvey #33 of the New York Mets walks off the mound after being relieved during the third inning of a game against the Washington Nationals at Citi Field on May 19, 2016 in the Flushing neighborhood of the Queens borough of New York City. (Photo by Rich Schultz/Getty Images)
Getty Images
14 Comments

The day after Matt Harvey left the clubhouse without talking to the media following yet another bad start, Mets captain David Wright spoke to the press about the whole affair.

Despite column, after column, after column after column in which Harvey was portrayed as a prima donna, was called names and otherwise had his character impugned for not talking to the press, Wright, amazingly, found a different tone to strike. Specifically, he managed to note that (a) it would have been better form and would have shown some accountability for Harvey to talk to the media; while (b) simultaneously acknowledging that Harvey is going through a bad time like most players go through and that it’s understandable that he’d make a mistake in this regard. Which Wright calls a “lapse” which he doesn’t think will happen again and about which Wright will likely talk to Harvey.

Most amazingly, Wright does all of this without calling Harvey names, saying he’s a phony or bringing up minor incidents from years ago in an effort to disingenuously cast Harvey not talking to the media as just the latest in a series of serious and escalating transgressions and/or failures of moral and ethical worth. How he did that I have no idea. Unlike the learned members of the sporting press, Wright didn’t even go to college. Maybe he’s mistaken to think this situation is somewhat complicated and emotional rather than one of stark right and wrong? Clearly, Wright must be mistaken. Life really is that simple, after all.

Or maybe Wright was simply able to appreciate that another person’s struggles are not about him. And that the healthy first impulse when someone who is struggling makes a mistake is to have at least a modicum of empathy and understanding rather than enter into a competition with one’s colleagues to see who can roast that struggling person the hardest.

But again, maybe that’s just crazy talk from a person who didn’t go to journalism school.