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.

And That Happened: Thursday’s scores and highlights

New York Yankees relief pitcher Johnny Barbato, right, walks off the field after being relieved in the tenth inning of a baseball game against the Baltimore Orioles in Baltimore, Thursday, May 5, 2016. Baltimore won 1-0 in ten innings. (AP Photo/Patrick Semansky)
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Here are the scores. Here are the highlights:

Orioles 1, Yankees 0: Kevin Gausman didn’t even break as sweat, allowing three hits in eight shutout innings. He got the no-decision, though, as the he, Masahiro Tanaka and relievers traded zeros through regulation. In the 10th, however, the Orioles broke through against Johnny Barbato and Andrew Miller. One wonders if they break through at all, however, if Miller starts the inning rather than comes in with runners on the corer and no one out. Barbato is a rookie with little experience and in that experience he has has demonstrated some pretty ineffective pitching. The Yankees have been stinkin’ up the joint, Miller is one of the best relievers in baseball and he had pitched just once in the previous five days. For the Yankees to go with Barbato there, when a single run means a loss, than Miller, is insanity. The old “don’t use your closer in a tie game on the road” thing was no doubt in play there, but for as conventional as that is, it is not wisdom. It’s the delegation of logic. It’s asking the manager to forget who his pitchers are and what his larger situation is (i.e. the Yankees NEED to win some games right now) in order to adhere to some stupid convention with less than a couple of decades of venerability. The Orioles won this game, but calcified thinking lost it.

Padres 5, Mets 3: Colin Rea pitched no-hit ball into the seventh before Yoenis Cespedes drove a ground ball single to right field with two outs. The hit came as a result of Cespedes going the other way against the shift. I’m assuming some people will say shifts suck because if there wasn’t one here Rea might’ve pitched a no-hitter, but the game story notes that the no-hit bid was extended by the shift several times. In other news, shift politics rather bore me. Hit doubles and homers and you don’t need to worry about shifts. They take away singles. Not much else.

Marlins 4, Diamondbacks 0: The Marlins have won 10 of 11 games. Five have come against bad teams, but what most people forget is that good teams winning a lot of games against bad teams is a huge part of why they’re good teams. I’m not sure if I’m mentally prepared for the Marlins to be a good team in 2016, but here we are.

Cubs 5, Nationals 2: Good teams beat a lot of bad teams. SUPER good teams beat other good teams too. The Nats are good. The Cubs are SUPER good and they cruise in a matchup between the NL’s two best so far. Kyle Hendricks pitched six scoreless innings and Ben Zobrist drove in four runs. Every team slumps at times and as a franchise the Cubs have been know to swoon, but this sure as hell feels different to me. These guys are fantastic.

Red Sox 7, White Sox 3: Sox win! Dustin Pedroia, Hanley Ramirez and Jackie Bradley Jr. all homered. The Sox have won nine of 11. Pedroia is looking like vintage Pedroia. This is another matchup of two good teams. One of ’em took two of three from the other, making them gooder right now.

Indians 9, Tigers 4: Michael Brantley was 4-for-5 with three RBI and Mike Napoli had a three-run homer. In other news, I had this exchange at about 9:30 last night with a Tigers fan friend of mine:

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Cardinals 4, Phillies 0: Brandon Moss hit a homer that they judged to be 462 feet. That would make it the fourth longest by anyone on the season. The previous long homers: Nolan Arenado, 471 feet, Sean Rodriguez, 468, and Byung Ho Park, 466. Home run measuring remains something of an inexact science but that’s pretty rad. Meanwhile, Jaime Garcia pitches seven two-hit shutout innings.

Blue Jays 12, Rangers 2: Edwin Encarnacion homered, doubled twice and drove in six runs. Is that good? I feel like that’s pretty good.

Reds 9, Brewers 5Jay Bruce hit a three-run homer and Alfredo Simon made it through seven effective innings and two-thirds of a not-so-effective one. Maybe he ran out of gas in the eighth when he allowed a two-run homer before leaving, but with the Reds’ bullpen stinkin’ like it stinks, you stretch a guy if you can. The pen came in and allowed another couple of runs in the ninth, but you know the old saying “you don’t lose often when you score nine runs and you’re playing Milwaukee even if your bullpen is a friggin’ train wreck.” I think Joe McCarthy said that.

 

Mariners 6, Astros 3: It was tied at three in the ninth when Luke Gregerson loaded up the bases and Robinson Cano cleared them off with a three-run double. A rare good start from an Astros’ stater is again wasted by the Houston pen. But sure, Carlos Gomez is the issue here.

Rockies 17, Giants 7: Remember yesterday when I said that the back end of the Giants rotation was bad? I should’ve said it was a tire fire in a sulfur mine. Matt Cain, who is clearly not right, allowed eight runs, six earned, on ten hits in four innings. The Rockies scored 13 runs in the fifth inning, which Cain started but couldn’t finish. Cain and Jake Peavy may be famous, but they’re killing San Francisco right now. In other news, Tim Lincecum will throw his little showcase for teams in Arizona later this morning. If the Giants aren’t at least thinking about getting back together with their old flame something is wrong.

Colin Rea loses no-hit bid in the seventh against the Mets

San Diego Padres starting pitcher Colin Rea works against a Pittsburgh Pirates batter during the first inning of a baseball game Tuesday, April 19, 2016, in San Diego. (AP Photo/Gregory Bull)
AP Photo/Gregory Bull
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Update (12:01 AM EDT): And it’s over. Yoenis Cespedes drove a ground ball single to right field with two outs in the seventh inning to end Rea’s no-hit bid.

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Padres starter Colin Rea has tamed the hot-hitting Mets lineup so far this Thursday night. The right-hander has walked only one, the lone batter above the minimum he has faced. Rea has also struck out three while accumulating 76 pitches.

The Padres’ offense provided Rea with five runs of support, scoring once in each of the first, second, and third, as well as twice in the sixth. Wil Myers smacked a solo homer off of Jacob deGrom in the first inning. Rea helped himself with an RBI single in the second, Alexei Ramirez brought in a run with a double in the third, Derek Norris drove a solo homer in the sixth, and Jon Jay shortly thereafter hit an RBI double.

The Mets entered play Thursday tied for the National League lead in home runs hit as a team with 40. Rea, meanwhile, came into Thursday’s action with a 4.61 ERA and a 22/13 K/BB ratio in 27 1/3 innings spanning five starts and one relief appearance.

If Rea is able to complete the job, he would become the first pitcher in Padres history to throw a no-hitter. Jake Arrieta threw the first no-hitter of the 2016 season on April 21 against the Reds.

We’ll keep you updated as Rea attempts to navigate through the final three innings.

Jason Heyward hopes to return to Cubs’ lineup on Friday

Chicago Cubs' Jason Heyward hits a double to drive in Dexter Fowler off Cincinnati Reds relief pitcher J.J. Hoover during the ninth inning of a baseball game, Friday, April 22, 2016, in Cincinnati. The Cubs won 8-1. (AP Photo/John Minchillo)
AP Photo/John Minchillo
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Cubs outfielder Jason Heyward hasn’t played since Sunday due to a sore right wrist, but he’s hoping to be included in his team’s lineup on Friday, MLB.com’s Carrie Muskat reports. Matt Szucur, Ben Zobrist, and Kris Bryant have handled right field while Heyward has been out.

Heyward, 26, has gotten off to a disappointing start, as he’s batting .211/.317/.256 with only four doubles, no home runs, and 13 RBI in 104 plate appearances. He signed an eight-year, $184 million contract with the Cubs back in December.

Heyward said he hurt his wrist putting emphasis on it during hitting drills. He said, “I was doing some work off the tee and doing a drill with a donut on the bat, swinging, trying to stay through the middle, and I put more emphasis on [his wrist] and strained it from that.”

Cardinals plan to get creative to keep Aledmys Diaz in the lineup

St. Louis Cardinals' Jedd Gyorko high-fives with Matt Carpenter as they and Aledmys Diaz, center, leave the field following the Cardinals' 11-2 victory over the San Diego Padres in a baseball game Saturday, April 23, 2016, in San Diego. (AP Photo/Lenny Ignelzi)
AP Photo/Lenny Ignelzi
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Cardinals shortstop Jhonny Peralta is expected to return from the disabled list in early June, which means current shortstop Aledmys Diaz would return to the bench. There’s only one problem: Diaz has been one of the best hitters in baseball. The 25-year-old owns a sparkling .381/.422/.679 triple-slash line with 14 extra-base hits (including five homers) in 90 plate appearances.

The Cardinals plan to get creative to keep Diaz’s bat in the lineup. Per Jon Morosi of FOX Sports, the club is considering using Peralta at first and third base. Peralta, 33, last played third base in 2010 with the Indians and Tigers. He has logged only three games and nine total defensive innings at first base in his major league career.

Diaz isn’t about to displace Peralta. Last season, Peralta was one of the best-hitting shortstops, finishing with a .275/.334/.411 triple-slash line with 17 home runs and 41 RBI in 640 plate appearances. He was even more productive in 2014, his first year with the Cardinals.