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)

Nothing went Adrian Beltre’s way last night

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It was an unfortunate night on the base paths for future Hall of Famer Adrian Beltre in the A’s-Rangers game. First because of, you guessed it, The Man, and second because of the Fates and maybe Father Time.

As far as The Man goes, someplace in the rule book it says that, after a foul ball, the ball is dead until pitcher has the new ball and is ready to pitch. Beltre was counting on people either not knowing that rule or acknowledging that it’s a lame rule which kills the chances for fun. He was standing on first base when Jurickson Profar fouled one off. After the ump handed Jonathan Lucroy a new ball, Lucroy tossed it back wildly to the pitcher and . . . Beltre just took the hell off, ending up on third.

It’s the third highlight in this three-part highlight reel:

 

Here it is in GIF form:

I think he should’ve been award third base on chutzpah alone, but no one asks me about such things.

Less fun was when Beltre singled in the bottom of the eighth. It would’ve been a double — he hit a line drive to right-center that one-hopped the wall — but he just barely got to first, having strained his left hamstring running down the line, forcing him out of the game.

Beltre will be evaluated today, but this will almost certainly mean a trip to the DL for the 39-year-old. He’s the third Opening Day infielder the Rangers have lost to injury so far on the young season.