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.

UPDATE: Donald Trump declines Nats offer to throw out the first pitch

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UPDATE: Welp, we wont’ get to see that:

Sad!

8:53 AM: It’s just gossip now, but Politico is hearing that Donald Trump is in talks to throw out the first pitch at Nationals Park on Opening Day. The Nats are not commenting. Neither are the Palm Beach Cardinals of the Florida State League, who no doubt feel slighted given that the president effectively is a local.

With the caveat that, on Opening Day, tickets are likely to be more expensive and thus you’re likely to have a lot more rich people and friends-of-the-owners in attendance, thereby ensuring a more conservative crowd, I’m struggling to imagine a situation in which Trump strolls on to a baseball field in a large American city and isn’t booed like crazy. He’s polling as low as 36% in some places. He’s not exactly Mr. Popular.

Oh well. I look forward to him three-bouncing one to Matt Wieters and then grabbing his phone and tweeting about how it was the best, most tremendous first pitch in baseball history. Or blaming Hillary Clinton for it in the event he admits that it was a bad pitch.

2017 Preview: Texas Rangers

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Between now and Opening Day, HardballTalk will take a look at each of baseball’s 30 teams, asking the key questions, the not-so-key questions, and generally breaking down their chances for the 2017 season. Next up: The Texas Rangers.

The Rangers somehow won the AL West last year despite not being super great at any one aspect of the game. There are stars here — Adrian Beltre, Cole Hamels, Yu Darvish and Rougned Odor are all spiffy players — but the Rangers won the division by being greater than the sum of their parts. They scored a decent number of runs despite some bad collective peripheral numbers and they allowed more runs than anyone in the AL except the Twins and Athletics. Yet they had a great record in one-run games and outperformed their pythagorean record by a WHOLE lot. Luck shined brightly on the 2016 Rangers.

It’s hard to expect luck to hold in any instance, but that’s especially the case when there have been some pretty significant changes. Changes like the loss of Carlos Beltran, Ian Desmond and Mitch Moreland. In their place: A full season, the Rangers hope, from Shin-Soo Choo, a converted-to-outfield Jurickson Profar and Mike Napoli. That may wash out OK, especially if Choo is healthy, but it wouldn’t be shocking to see some regression in two of those offensive slots.

Starting pitching is also a big question mark. Cole Hamels at the top is not a problem, obviously, and if Yu Darvish is healthy and durable the Rangers have an outstanding 1-2 punch. Martin Perez in the third spot presents promise, but he’s been exactly average so far in five major league seasons. The back end of the rotation has some real problems. Andrew Cashner and Tyson Ross are hurt at the moment and even if healthy, Cashner seems to be a shell of his once-promising self. A.J. Griffin is looking to pitch in his first full season since 2013. If the Rangers are strong contenders all year it’s gonna be on the “Spahn and Sain and two days of rain” model, but I have no idea what rhymes with “Darvish” and that’s sort of a problem.

The bullpen is going to look a lot like it did last year. Sam Dyson will close, but manager Jeff Banister has shown in the past that he’s not a slave to keeping guys in any one role down there. Jeremy Jeffress will likely set up but he’s closed before. Some think Matt Bush or Keone Kela could close. We’ll see Tanner Scheppers and lefty Alex Claudio. Banister has a Manager of the Year Award on his mantle and while that often doesn’t mean anything, it usually suggests that a guy knows how to deal with his pen. Banister will do OK with what he has.

Really, though, the rotation is a concern, as is hoping that a 35-year-old Mike Napoli and a soon-to-be 38-year-old Adrian Beltre can continue to be the types of players who can form the offensive core of a playoff team. There’s talent and a track record here, but there’s a lot of uncertainty. For that reason, I suspect the Rangers will fall back a smidge this year, even if they’re a playoff contender.

Prediction: Second Place, American League West.