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.

The Blue Jays are allergic to .500

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The Blue Jays dropped Thursday afternoon’s game to the Rangers 11-4, splitting the four-game home series. And, impressively, the Blue Jays failed for the ninth time to get back to .500. The club is now 35-37.

Here’s a look at all the times the Blue Jays could’ve evened out their won-lost record and what happened:

  • April 5 (0-1): Lost 3-1 to the Orioles
  • April 7 (1-2): Lost 10-8 to the Rays
  • June 1 (26-27): Lost 12-2 to the Yankees
  • June 3 (27-28): Lost 7-0 to the Yankees
  • June 5 (28-29): Lost 5-3 to the Athletics
  • June 13 (31-32): Lost 8-1 to the Rays
  • June 16 (32-33): Lost 11-4 to the White Sox
  • June 20 (34-35): Lost 6-1 to the Rangers
  • June 22 (35-36): Lost 11-4 to the Rangers

The Blue Jays are now a half-game behind the Orioles for fifth place in the AL East, but they’re only 5.5 games behind the first-place Yankees. Interestingly, if the Blue Jays played in the NL East and had the same record, they would be in second place. But even the Phillies — baseball’s worst team — have been at .500 or better for a few days: after winning Opening Day and after game Nos. 6, 18, 19, 20, 21, and 22.

Report: Marlins expected to trade Adeiny Hechavarria

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Jeff Passan of Yahoo Sports reports that the Marlins are expected to trade shortstop Adeiny Hechavarria in the next few days.

Hechavarria, 28, is currently on a rehab assignment for a strained left oblique. It’s the second time this season he’s hit the sidelines with an oblique injury. Hechavarria is also hitting a disappointing .277/.288/.385 over 67 plate appearances, which is marginally better than his career averages.

While the Marlins are shopping Hechavarria at depressed value, there are two factors that give him value: he still plays good defense, and he’s under team control through the 2018 season. Passan does estimate that Hechavarria will see a pay raise from $4.3 million this season to $6-7 million next season in his third and final year of arbitration eligibility.

Passan adds that while the Marlins aren’t yet willing to shop outfielders Christian Yelich and Marcell Ozuna, relievers A.J. Ramos, David Phelps, and Kyle Barraclough are being made available.