Image of Dodger Stadium beating victim Stow is shown on scoreboard before MLB National League baseball game between San Francisco Giants and St. Louis Cardinals in San Francisco, California

Bryan Stow’s lawyers estimate his damages to be $50 million


You always have to take a damage claim in a lawsuit with a grain of salt. Either they’re small because the plaintiff is simply alleging enough to meet a jurisdictional threshold for the particular court they’re in — claiming, say, “no less than $15,000” to make it clear the suit doesn’t belong in small claims court — or else it’s comically large for the purposes of getting attention (“Plaintiff demands $7 billion for emotional distress following the willful and wanton destruction of his couch cushion fort by defendant”). The point is that the complaint in a lawsuit does not tie the plaintiff to a certain amount of damages.

But as the case progresses, the damages do have to be established with specificity. And proven, once the case has been reduced to judgment in favor of the plaintiff.  To that end, there will be discovery, filings and other bits of info that reveal the damages case the plaintiffs plan to put on when the time comes.

That process is beginning in the Bryan Stow case against the Los Angeles Dodgers arising out of his near-fatal beating on Opening Day.  The damage claim at the moment: $50 million.

That’s a lot of money. But Bryan Stow is in a really bad way. He’s had months of around-the-clock medical care in ICU or near-ICU conditions. He faces many more months if not years — and if not that, the rest of his life — in a similar situation. He’ll likely never work again. And that’s before you put a price on his pain, his suffering and that of his family.  I could totally see a $50 million claim that isn’t off-the-charts crazy, even if such an amount is unlikely to be ultimately awarded (and even then, only if it’s found that the Dodgers are responsible).

Which — and pardon me if this comes off as insensitive — is a reminder of a nasty little truth they teach you back in law school.  The lesson: in purely monetary terms, a defendant is better off if his negligence actually kills someone — preferably instantly — than if it merely severely maims them and/or kills them after some long period of time. Or, as my very colorful torts professor put it “if you run someone over in your car, look in the rear view mirror: if they’re moving around, back up and finish them off. Your insurance company will thank you.”

Yes, he was kidding, but the point was still illustrative: pain, suffering and a life cast into ruin is, at least in legal terms, far more costly than a life swiftly taken.  There are practical reasons for this (e.g. the pain is compensible and a person who dies fast doesn’t have much of it) and reasons which involve legal tactics (e.g. a jury is often more moved by a video of a person in a hospital bed than they are by an out-of-sight, out-of-mind dead person).  And while it may reveal a weird aspect of human psychology, the fact is that jurors are also more deeply affected by weeping caregiving wives of living persons who are incapacitated than they are by weeping widows.

Early this morning I mentioned my dark humor and bluntness when it comes to matters of tragedy.  You can thank law school for a whole hell of a lot of that.

Zack Greinke deal “could come soon,” Dodgers and Giants lead the bidding

Zack Greinke
AP Photo/Mark J. Terrill

Jordan Zimmermann signed with the Tigers on Sunday for five years, $110 million. David Price signed with the Red Sox on Monday for seven years, $217 million.

Two big dominos have fallen in this loaded free agent market for starting pitchers, and another big one is about to go …

FOX Sports’ Ken Rosenthal says a deal for Zack Greinke “could come soon” and it’s currently “Dodgers vs. Giants” at the top of the bidding ladder.

ESPN’s Jerry Crasnick confirms that both the Dodgers and Giants are looking for an answer from Greinke, adding that the 32-year-old right-hander seeks a five- or six-year deal with a greater average annual value (AAV) than what Price just secured from Boston. That number would be $31 million, so we’re talking something close to $32 million through 2020-2021.

Greinke opted out of the remaining three years and $71 million contract with Los Angeles in October after posting a 1.66 ERA and 0.84 WHIP across 222 2/3 regular-season innings in 2015. He finished second to the Cubs’ Jake Arrieta in the National League Cy Young Award balloting.

The Red Sox get their ace! Boston signs David Price to a 7-year, $217 million deal


Multiple reports circulated in the past week that the Red Sox would need to unload the money truck in order to sign David Price. Well, the truck just got unloaded: Pete Abraham of the Boston Globe reports that the Red Sox have signed David Price to a seven-year, $217 million contract.

This is, by far, the largest free agent contract the Red Sox have ever given a pitcher. It beats Max Scherzer‘s seven-year, $210 million deal signed last offseason as the largest ever free agent pitcher contract. Clayton Kershaw‘s contract extension with the Dodgers was for $215 million.

Price went 82-47 with a 3.18 ERA pitching in the AL East while with the Tampa Bay Rays. After being traded to the Tigers just before the 2014 trade deadline he went 13-8 with a 2.90 ERA in 32 starts. He returned to the AL East with the Blue Jays this year, going 9-1 with a 2.30 ERA in 11 starts. He also pitched in the playoffs for the Jays starting three times in four overall appearances.

The Red Sox were in dire need of pitching and they were said to be gunning for Price to fill that need. Target: acquired.

Major League Baseball’s annual drug testing report has been released

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MLB and the MLBPA just released the annual public report from the Joint Drug Prevention and Treatment Program’s Independent Program Administrator. It’s the annual report, mandated by the JDA, which says how many positive drug tests there were, what the drugs were, etc.

The notable numbers, which cover the period starting when the 2014 World Series ended until the 2015 World Series ended:

  • Total number of tests administered: 8,158. 6,536 of them were urine tests, 1,622 of them were blood tests for HGH;
  • 10 tests resulted in positives which led to discipline: 7 for PEDs, 2 for stimulants, one for DHEA;
  • The previous year there were 7,929 total tests with 12 which resulted in discipline;
  • There were the same number of Therapeutic Use Exemptions granted this year as last: 113. All but two were for attention deficit disorder. One was for gynecomastia, which is the swelling of the breast tissue in men due to a hormone imbalance, one was for a stress fracture in someone’s elbow.

A use exemption line item which had appeared on the list for the previous several years — hypogonadism — was not there, so congratulations to the anonymous player who was either cured or who retired.

As we always note, the number of players who got exemptions for ADD drugs is a bit higher than the occurrence of ADD in the population at large and, once you eliminate kids from ADHD occurrences, it’s likely considerably higher. But that’s none of my business.

Twins sign Korean slugger Byung-ho Park to four-year contract

Byung-ho Park
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With a week remaining in their exclusive negotiating window to sign Byung-ho Park the Twins have agreed to a deal with the Korean slugger. Ken Rosenthal of reports that it’s a four-year, $12 million contract, on top of which the Twins will pay Park’s old team a $12.85 million posting fee for those negotiating rights.

Four years and a total commitment of $24.85 million is certainly a sizable investment, but it’s significantly less than most projections had the Twins spending to get Park under contract.

Last offseason the Pirates bid $5 million to negotiate with Korean shortstop Jung Ho Kang and then signed him to a four-year, $11 million deal. His success in MLB raised the level of interest in Park, who posted similarly spectacular numbers in Korean, but in the end the price tag wasn’t significantly higher. Based on reports from Korea, it sounds like the Twins low-balled him in negotiations and Park basically just accepted it because he wants to play in MLB.

Three weeks ago I wrote a lengthy breakdown of how Park could fit into the Twins’ plans when they secured the high bid, but the short version is that he’ll slot into the lineup as the starting designated hitter and look to prove that his exceptional production in Korean can carry over to MLB. Park hit .343 with 53 homers, 146 RBIs, and a 1.150 OPS in 140 games for Nexen this past season and has topped a 1.000 OPS in each of the past three years.