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.

Tim Tebow hits a homer in his first instructional league at bat

PORT ST. LUCIE, FL - SEPTEMBER 20: Tim Tebow #15 of the New York Mets hits a home run at an instructional league day at Tradition Field on September 20, 2016 in Port St. Lucie, Florida. (Photo by Rob Foldy/Getty Images)
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Because of course he did.

It wasn’t just his first at bat, but it was his first pitch. It came off of John Kilichowski, an 11th round draft pick of the St. Louis Cardinals out of Vanderbilt.  The ball went out to left center, off the bat of the lefty Tebow.

Next time, meat, throw him a breaking ball.

Joaquin Benoit blames overly-sensitive hitters for benches-clearing incidents

TORONTO, CANADA - SEPTEMBER 12: Joaquin Benoit #53 of the Toronto Blue Jays delivers a pitch in the seventh inning during MLB game action against the Tampa Bay Rays on September 12, 2016 at Rogers Centre in Toronto, Ontario, Canada. (Photo by Tom Szczerbowski/Getty Images)
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The other night, Blue Jays reliever Joaquin Benoit needed help getting off the field after the second benches-clearing incident with the Yankees. It was later revealed that Benoit tore a calf muscle during the fracas, ending his season.

Yesterday he pointed the finger at just about everyone else for the incidents like the one that led to his injury. Hitters specifically. From The Star:

“I believe as pitchers we’re entitled to use the whole plate and pitch in if that’s the way we’re going to succeed,” Benoit said. “I believe that right now baseball is taking things so far that in some situations most hitters believe that they can’t be brushed out. Some teams take it personally.”

That “take it personally” line is interesting coming from Benoit as, in this instance, it seemed pretty clear that the whole plunking exchange which led to his injury started because Josh Donaldson took an inside pitch that did not seem to be a purpose pitch at all, too personally.

Did Benoit take a veiled swipe at his teammate here? If so, that’s pretty notable. If not it’s notable in another way, right? As it suggests that Benoit believes it’s OK for his teammates to take issue with inside pitches but anyone else who does is part of the problem?

Which is it, Joaquin?