lawsuit gavel

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.

Matt Harvey missed a mandatory workout today

Matt Harvey

Just when Matt Harvey drama seemed to be subsiding, Matt Harvey drama begins anew.

Adam Rubin of ESPN New York reports that the Mets starter missed a mandatory workout today at Citi Field. Sandy Alderson had no information about why Harvey was gone and Harvey was not excused by the team. Alderson gave no comment.

Just a few minutes ago Harvey showed up and upon getting in front of reporters issued a brief statement with little elaboration:


Because this is New York, you know darn well there will be more to this. We’ll update when it comes out.

UPDATE: Harvey is being fined an undisclosed amount. You may now commence writing your “Matt Harvey just doesn’t get it!” columns.

Dan Jennings asked to return as the Marlins GM

Dan Jennings

Dan Jennings‘ tenure as the Marlins manager has not been great and the team is now actively looking for his replacement. But his old job is there waiting for him if he wants it, reports Clark Spencer of the Miami Herald: Jennings has been asked to come back as the team’s general manager.

Or maybe “asked” is not correct. Team President David Samson said “there’s no decision” for Jennings to make and that he’s still “a signed member” of the team’s front office, reporting to baseball operations president Michael Hill.

Reports last month suggested that Jennings would take a wait-and-see approach regarding returning to the Marlins front office, with hopes of possibly landing a GM job in another organization with greater control than he’s had and will have with the multi-headed Marlins management team. The Mariners, for one, were a team Jennings was said to have his eye on. But that job has been filled and it would not seem like such opportunities have presented themselves to him.

So: it would seem a good bet that Jennings is back upstairs with the Marlins soon. Because the Marlins fully expect him to be.