The Mets have another heavy lawsuit on their hands


It was nearly four years ago when I first heard the name Ellen Massey. She’s the plaintiff in a lawsuit against the Mets that, while not as sexy as the Madoff stuff, has its own special appeal: On Opening Day, 2007, Massey was fallen on by a 300-pound man who came hurtling out of his seat in her direction, breaking her vertebrae. Massey says the fat guy was drunk and that the Mets are liable because they continued to serve him despite his obvious intoxication.

My take when I first heard about this case — a mere month after I began blogging back at Shysterball — was that Massey had a theoretically a valid claim: ballpark serves an obviously intoxicated man who later causes injury. The problem, though, was that it would be really hard to actually marshal any evidence.  The falling fat guy’s identity was unknown at the time and it wasn’t at all clear how he could be discovered. And it would likely be difficult to prove that he was intoxicated given that he left the park and there was no police report or anything.  I figured it was deadsville.

Yet, despite all of my skepticism, the case is going to trial, reports the New York Post.  Over the past four years Ms. Massey has learned the fat guy’s identity — Timothy Cassidy — and got the depositions of multiple witnesses speaking to his behavior prior to the incident. That’s enough to get her past the summary judgment stage and now she gets to take the Mets to trial.

If I represented the Mets, I’d rather be handling that case than the Madoff case. I always enjoyed the stuff with actual humanity much better than document-intensive financial cases. And there isn’t much more humanity than a 300 pound drunk guy falling on people in Shea Stadium on Opening Day.

Danny Duffy exits spring training game with left shoulder tightness

Danny Duffy
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Royals’ Opening Day starter Danny Duffy weathered a minor scare during Saturday’s Cactus League game against the Diamondbacks. The left-hander was removed from his final spring training start after experiencing some left shoulder tightness in the second and third innings. No lasting damage appears to have been done — Duffy told reporters that he simply felt a slight ache, nothing more — and it looks like he’ll remain on track to open the season with the team next Thursday.

The 29-year-old southpaw is coming off one of his best performances to date. Despite losing a few weeks to an oblique strain and elbow soreness, he went 9-10 in 24 starts and finished the 2017 season with a 3.81 ERA, 2.5 BB/9 and 8.0 SO/9 over 146 1/3 innings. While Duffy entered camp with a clean bill of health, he struggled to execute against his spring training opponents and racked up 13 runs, four homers, seven walks and 11 strikeouts in 13 innings of Cactus League play.

The Royals are scheduled to kick off their home opener against the White Sox on Thursday, March 29 at 4:15 PM ET. Barring any further complications with his shoulder, Duffy will take the mound for the Royals, while James Shields is expected to make his first Opening Day appearance for the White Sox.