Bryan Stow’s family to sue the Dodgers

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UPDATEA copy of the lawsuit can be seen here.

2:35 PM: From the “It Was Only a Matter of Time Department” comes the latest news in a sad saga:

The family of Giants fan Bryan Stow is expected to file a lawsuit against the Los Angeles Dodgers today in Los Angeles Superior Court, according to a report from CBS Los Angeles. The suit will allege that the Dodgers are responsible for exposing Mr. Stow to criminal acts of third parties.

With the caveat that I am not a California lawyer, generally speaking, the law is that a business owner owes a duty to patrons to take reasonable steps to secure the premises against foreseeable criminal acts of third parties.  The key word there is “foreseeable.” As in if you’re on notice that there is violent hooliganism about and you don’t take reasonable measures to prevent it, you’re gonna be liable when inevitable and unprevented-by-you violent acts take place.

So if you own a big white building and a parking lot which people have been saying have been growing ever more dangerous and violent for years, and then you, I dunno, fail to hire a chief of security for four months despite being aware of these complaints, you may have a bit of a sticky legal problem on your hands.

You know, just for example.

UPDATE:  Twitter follower AntiGlib reminds us that such suits are no sure thing, and that the Dodgers have won these in the past.  For example.

I guess I’d say that no plaintiff ever has a sure thing of winning a suit, so my sense that the Stow family here has a case doesn’t mean they have a win.  It simply means the suit would not be frivolous.  That said, the more incidents that pile up — and that linked suit was from three years ago — the more “on notice” the Dodgers are of a problem. Indeed, that incident can be used as evidence by the Stows here, as can any others that have since taken place.  If there has been no change — or worse, a degradation — in overall security since then, that could be bad for the Dodgers.

And of course, let us not discount the severity of the Stow beating compared to past incidents. Which, while it shouldn’t change the legal calculus, will likely have some effect on a jury if the case gets that far, for they are only human.

The Cubs will try to clinch the NL Central on Tuesday

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The Cubs soundly defeated the Cardinals on Monday night, 10-2, sending their magic number down to one. They will try to clinch the NL Central on Tuesday with another win against the Cardinals. Alternatively, if they lose, they can still clinch if the Brewers also lose on Tuesday.

The Cubs, of course, won the Central last year en route to winning their first World Series since 1908. It wasn’t nearly as easy this year as the club was below .500 entering June and was exactly at .500 entering July. A 16-8 July, 17-12 August, and 15-8 September have helped put the Cubs back in position to return to the postseason.

Not to be forgotten, the Cardinals were eliminated from NL Central contention with Monday’s loss. Now they have their sights set on the second NL Wild Card slot and currently trail the Rockies in that race.

The matchups for Tuesday’s action:

Carter Capps to undergo surgery for thoracic outlet syndrome

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Dennis Lin of the San Diego Union Tribune reports that Padres pitcher Carter Capps will undergo surgery this offseason to address thoracic outlet syndrome, which doctors believe caused the right-hander’s blood clots. The Padres hope to have him ready by spring training next year.

Capps, 27, underwent Tommy John surgery last year and didn’t debut this season until August 7. He made 11 relief appearances, yielding nine runs on 12 hits and two walks with seven strikeouts in 12 1/3 innings. He went back on the DL on September 12 due to the blood clot issue.

The Padres acquired Capps from the Marlins last July in the Andrew Cashner trade which ended up having a lot of moving parts. Capps will enter his third and final year of arbitration eligibility this offseason. It’s quite possible the Padres choose to non-tender him.