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.

Clayton Kershaw struggles with control, walks six Marlins

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Dodgers ace Clayton Kershaw entered Wednesday night’s start against the Marlins without having issued a walk in his previous three starts. In fact, his last walk came on April 3 when he issued a free pass to Paul Goldschmidt with the bases empty and two outs in the bottom of the first inning. All told, Kershaw was on a streak of 26 walk-less innings before he took the mound at home to take on the Marlins.

Kershaw started off Wednesday in character, striking out the side in the first inning. He issued a walk in a tough second inning, but escaped without allowing a run. Kershaw walked two more in the third and again danced out of danger. In the fourth, Kershaw walked Lewis Brinson to load the bases with no outs and — you guessed it — didn’t end up allowing a run. His errant control finally came back to bite him in the fifth when Kershaw issued back-to-back two-out walks, then served up a three-run home run to Miguel Rojas down the left field line. His night was done when he completed the inning. Five innings, three runs, five hits, six walks, seven strikeouts, 112 pitches.

The six walks Kershaw issued over five innings marked his first six-walk outing since April 7, 2010 when he issued six free passes to the Pirates in 4 2/3 innings. The only other time he walked as many was on August 3, 2009 against the Brewers in a four-plus inning outing. Kershaw hasn’t even walked five batters in an outing recently — the last time was September 23, 2012 against the Reds.