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.

Drew Smyly brings youth and experience to Mariners rotation

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PEORIA, Ariz. (AP) Trades don’t surprise Drew Smyly anymore.

At age 27, the Seattle Mariners left-hander has been dealt twice. The first swap sent him from the team that drafted and developed Smyly, the Detroit Tigers, to the Tampa Bay Rays in midseason 2014. That trade landed star pitcher David Price in Detroit.

“I was surprised by that one,” Smyly said.

The most recent trade involving him came in January, when the Rays shipped Smyly to Seattle for three prospects in one of many moves by Mariners general manager Jerry Dipoto. Smyly immediately joined the Mariners’ projected starting rotation, and is having fun getting to know his new teammates at spring training by way of manager Scott Servais’ clubhouse icebreakers.

Servais thinks Smyly is a solid fit as a still young yet experienced pitcher.

“One, being where he’s at in his career age-wise and service time, he’s kind of at the point where, put him in the right environment … very good defensive outfield, he’s a fly ball guy, maybe he does step up and take the next step,” Servais said. “Getting out of the American League East certainly should help him, but there’s no guarantees. Our division’s pretty tough.”

Servais suggested that another Arkansas native, ex-big leaguer Cliff Lee, might have helped sell Seattle on Smyly. Lee is a former Mariner and the two share an agent.

Smyly went 7-12 in a career-high 30 starts last season in Tampa, but won five games from July 30 to the end of the season after starting out 2-11. From May 21 to July 18, he lost seven straight starts.

“Pitching’s tough, you know,” Smyly said. “To manipulate the ball, to make it do different things, to put it in the strike zone with hitters that know what they’re doing. … I just had a rough stretch but I show up at the field every day, play catch and work on my craft and you know, that’s going to turn around one day.”

The 32 home runs Smyly surrendered in 2016 figure to be reduced in Seattle’s pitcher-friendly Safeco Field.

“It can only help,” he said. “But it’s still going to be up to me to execute pitches and pitch well.”

Smyly is set to join the U.S. World Baseball Classic team shortly. Before that, he’ll make his first spring training start in the middle of next week.

“It’s an honor to be able to put your country on your chest and play with some of the guys on that team,” he said. “I’m looking forward to it big time.”

NOTES: Servais plans to roll out what figures to be Seattle’s opening day lineup in the spring training opener Saturday against San Diego. It’s OF Jarrod Dyson, SS Jean Segura, 2B Robinson Cano, DH Nelson Cruz, 3B Kyle Seager, OF Mitch Haniger, 1B Dan Vogelbach, C Mike Zunino and OF Leonys Martin. … Servais said Cano and Cruz will play a little more than is typical for early spring games, as the two will depart for the World Baseball Classic in early March. … LHP Ariel Miranda will start Saturday, then RHP Chris Heston Sunday, RHP Yovani Gallardo on Monday and ace Felix Hernandez on Tuesday.

Mitt Romney’s sons are trying to buy a stake in the Yankees

TAMPA, FL - AUGUST 30:  Tagg Romney son of Republican presidential candidate, former Massachusetts Gov. Mitt Romney gives an interview during the final day of the Republican National Convention at the Tampa Bay Times Forum on August 30, 2012 in Tampa, Florida. Former Massachusetts Gov. Mitt Romney was nominated as the Republican presidential candidate during the RNC which will conclude today.  (Photo by Chip Somodevilla/Getty Images)
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Mitt Romney built his professional life in Massachusetts and was once the governor of the state. As such, it is not surprising that he has long identified as a Red Sox fan. So this has to be troubling to him from a fan’s perspective. From Jon Heyman:

The Romney family is bidding to buy a small stake in the Yankees months after their try for the Marlins stalled. If the deal goes through, it is expected to be $25 million to $30 million per percentage point and thought to be interested in one or two percentage points. The Yankees are valued around $3 billion or more.

The effort is being led by Mitt’s son Tagg, one of his brothers and their business partners. Mitt’s spokesman tells Jon Heyman that he has nothing to do with it personally. Tagg Romney is reported to have been planning a bid for controlling interest in the Marlins, but that has fallen through.

I find this interesting insofar as the M.O. for the Steinbrenners has, for years, been to buy out minority shareholders in the Yankees, not seek more. Indeed, when George Steinbrenner bought the Yankees back in 1973 he held just a bare controlling interest and there were a ton of silent partners, most of which were back in Ohio and knew Steinbrenner from his shipping business. I’ve personally gotten to know some of them over the years as there are a handful of them in Columbus and I crossed paths with them in my legal career. They have almost all been bought out in the past couple of decades. They still get season tickets and World Series rings and stuff. You can tell them by their personalized Yankees plates and the fact that, within the first ten minutes of meeting them, they will tell you that they once owned a piece of the Yankees but got pushed out.

In light of all of that it’s interesting that the Steinbrenners are once again accepting bids for small stakes in the team. Especially from someone whose interest in controlling the Marlins suggests that they do not consider it to be a mere vanity investment. Makes me wonder what the Steinbrenners’ long term plans are.