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

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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.

Athletics trade Billy Burns to the Royals for Brett Eibner

ST. PETERSBURG, FL - MAY 13: Billy Burns #1 of the Oakland Athletics waits on deck to bat during the fourth inning of a game against the Tampa Bay Rays on May 13, 2016 at Tropicana Field in St. Petersburg, Florida. (Photo by Brian Blanco/Getty Images)
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The Athletics and Royals swapped outfielders on Saturday. The Athletics sent Billy Burns to Kansas City and the Royals sent Brett Eibner to Oakland.

Burns, 26, doesn’t provide much in the way of offense, but he runs the bases well and plays solid defense. He was hitting .234/.270/.303 with 11 doubles, four triples, and 14 stolen bases in 274 plate appearances.

Eibner, 27, was batting .231/.286/.423 with three home runs and 10 RBI in 85 plate appearances. He has spent most of the season with Triple-A Omaha, where he’s put up a .902 OPS in 219 PA. Eibner played the outfield corners in the majors, but racked up a ton of time playing center in the minors, so his versatility will be valuable to the A’s.

Burns will become eligible for arbitration for the first time after the 2017 season while Eibner has hardly accrued any service time, which might explain part of the motivation behind the trade for the small-market Athletics.

Nationals acquire closer Mark Melancon from the Pirates

PITTSBURGH, PA - MAY 20:  Mark Melancon #35 of the Pittsburgh Pirates pitches during the ninth inning against the Colorado Rockies on May 20, 2016 at PNC Park in Pittsburgh, Pennsylvania.  (Photo by Joe Sargent/Getty Images)
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The Nationals announced on Saturday afternoon that the club acquired closer Mark Melancon from the Pirates in exchange for reliever Felipe Rivero and minor league pitcher Taylor Hearn.

Melancon, 31, put together another solid season for the Pirates, leaving the club with 30 saves, a 1.51 ERA, and a 38/9 K/BB ratio in 41 2/3 innings. He led the majors last season with 51 saves and has a 1.80 ERA since joining the Pirates in 2013. Melancon is earning $9.65 million this season and can become eligible for free agency after the season.

With Melancon out of the picture, the Pirates intend to have Tony Watson take over the closer’s role.

Rivero, 25, has handled the seventh and eighth innings for the Nationals this season, compiling a 4.53 ERA and a 53/15 K/BB ratio in 49 2/3 innings. He’s just shy of one year of service time, so the Pirates will have control of him for a long time.

Hearn, 21, was rated the Nationals’ 27th-best prospect by MLB Pipeline. He was originally drafted by the Pirates in the 22nd round of the 2012 draft but he didn’t sign and ended up going back to college. The Nationals took him in the fifth round of last year’s draft. This season, between rookie ball and Single-A Hagerstown, Hearn put up a 2.79 ERA and a 39/13 K/BB ratio in 29 innings. He’s a long way away from the majors, so he’s essentially a lottery ticket for the Pirates.

The Nationals needed an upgrade at closer as Jonathan Papelbon has struggled this season. The right-hander has allowed runs in each of his last three appearances, ballooning his ERA up to 4.41 with a 30/13 K/BB ratio in 32 2/3 innings. It will be interesting to see how Papelbon, who has never made a habit of letting his feelings go unspoken, handles a demotion to the eighth inning.