lawsuit gavel

The Mets have another heavy lawsuit on their hands

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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.

Yordano Ventura killed in an auto accident

CLEVELAND, OH -  JUNE 2:  Starting pitcher Yordano Ventura #30 of the Kansas City Royals jokes with teammates as he walks off the field after the fifth inning against the Cleveland Indians at Progressive Field on June 2, 2016 in Cleveland, Ohio. (Photo by Jason Miller/Getty Images)
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Terrible, terrible news: Christian Moreno of ESPN reports that Royals pitcher Yordano Ventura has been killed in an automobile accident in the Dominican Republic. His death has been confirmed by police. He was only 25 years-old. There are as of yet no details about the accident.

Ventura was a four-year veteran, having debuted in 2013 but truly bursting onto the scene for the Royals in 2014. That year he went 14-10 with a 3.20 ERA in 183 innings, ascending to the national stage along with the entire Royals team with some key performances in that year’s ALDS and World Series. The following year Ventura won 13 games for the World Champion Royals and again appeared in the playoffs and World Series.

Ventura was often in the middle of controversy — he found himself in several controversies arising out of his habit of hitting and brushing back hitters — but he was an undeniably electric young talent who was poised to anchor the Royals rotation for years to come. His loss, like that of Jose Fernandez just this past September, is incalculable to both his team, his fans and to Major League Baseball as a whole.

Our thoughts go out to his family, his friends, his teammates and his fans.

Report: Tim Lincecum is not ready for retirement

ANAHEIM, CA - JULY 29:  Tim Lincecum #55 of the Los Angeles Angels during the second inning of the game against the Boston Red Sox at Angel Stadium of Anaheim on July 29, 2016 in Anaheim, California.  (Photo by Jayne Kamin-Oncea/Getty Images)
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Free agent right-hander Tim Lincecum isn’t ready to hang up his cleats just yet. At least, that’s the word from Lincecum’s agent, Rick Thurman, who says the 32-year-old is still “throwing and getting ready for the season” (via Andrew Baggarly of the San Jose Mercury News).

Lincecum may not be ready to enter retirement, but another quote from Thurman suggests that he’ll be picky about where he pitches next. He doesn’t appear open to pitching overseas, and despite not having a contract for 2017 (or even any serious suitors), the right-hander is set on pitching in the big leagues this year. Whether or not he’s willing to take a bullpen role to do so remains to be seen.

While Baggarly predicts some interest in the veteran righty, there’s not much in Lincecum’s recent history to inspire faith in him as a starter, or even a reliever. He picked up a one-year, $2.5 million contract with the Angels following his hip surgery in 2015, and went 2-6 in 2016 with a 9.16 ERA, 5.4 BB/9 and 7.5 SO/9 over 38 1/3 innings. At this point, a minor league contract seems like the surest path back to major league success, though he’s unlikely to find an open spot on the Giants’ or Angels’ rosters anytime soon.