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.

World Series Game 1 Lineup: Schwarber and Coghlan in, Heyward out

LOS ANGELES, CA - OCTOBER 18:  Chris Coghlan #8 of the Chicago Cubs reacts after lining out to end the game against the Los Angeles Dodgers in the ninth inning of game three of the National League Championship Series at Dodger Stadium on October 18, 2016 in Los Angeles, California.  (Photo by Harry How/Getty Images)
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The Cubs and Indians have released their lineups for Game 1 of the World Series.

Joe Maddon makes two notable changes: Kyle Schwarber as the DH and Chris Coghlan in right, with Jason Heyward on the bench.

Heyward has been close to a lost cause at the plate all season for the Cubs and is 2-for-24 in the playoffs this year. While his defense is a plus, Maddon has decided that he’d rather have the lefty Coghlan facing Corey Kluber.

1. Dexter Fowler (S) CF
2. Kris Bryant (R) 3B
3. Anthony Rizzo (L) 1B
4. Ben Zobrist (S) LF
5. Kyle Schwarber (L) DH
6. Javier Baez (R) 2B
7. Chris Coghlan (L) RF
8. Addison Russell (R) SS
9. David Ross (R) C

For the Indians:

1. Rajai Davis (R) CF
2. Jason Kipnis (L) 2B
3. Francisco Lindor (S) SS
4. Mike Napoli (R) 1B
5. Carlos Santana (S) DH
6. Jose Ramirez (S) 3B
7. Brandon Guyer (R) LF
8. Lonnie Chisenhall (L) RF
9. Roberto Perez (R) C

Tim Wallach to interview for the Rockies managerial opening

GLENDALE, AZ - FEBRUARY 20:  Bench coach Tim Wallach of the Los Angeles Dodgers poses for a portrait during spring training photo day at Camelback Ranch on February 20, 2014 in Glendale, Arizona.  (Photo by Christian Petersen/Getty Images)
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Joe Frisaro of reports that the Rockies have been granted permission to interview Marlins bench coach Tim Wallach about their managerial opening.

Wallach was a bench coach for Don Mattingly with both the Dodgers and Marlins. Before that he was a third base coach for L.A. and before that he managed in Triple-A where he was the Pacific Coast League Manager of the Year in 2009 with Albuquerque. He likewise served time as the Dodgers hitting coach. He previously interviewed for managers gigs in Detroit and Seattle but didn’t make the cut.

Walt Weiss was fired as Rockies manager after going 283-365 in four seasons.