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.

Ohio Governor John Kasich Says Baseball is dying, you guys

COLUMBUS, OH - MAY 4: Republican presidential candidate Ohio Gov. John Kasich speaks to the media announcing he is suspending his campaign May 4, 2016 in Columbus, Ohio. Kasich is the second Republican candidate within a day to drop out of the GOP race. (Photo by J.D. Pooley/Getty Images)
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For reasons that are not entirely clear to me the governor of my state, John Kasich, was on The Dan Patrick Show today. He had some bad news, unfortunately. According to Kasich, “baseball is going to die.”

It’s based mostly on his belief that, because some clubs are rich and some clubs are not so rich, and because players make too much money, poor teams cannot compete and fans cannot find a basis for team loyalty. He cites his boyhood rooting for the Pittsburgh Pirates and the ability for fans to root for players on the same teams year-in, year-out and claims that, if you don’t root for a high-payroll team, “your team is out before the All-Star Break.” Which is demonstrably not true, but he was on a roll so Patrick let him finish.

The real issue, Kasich says, is the lack of revenue sharing in the NFL-NBA mold. He makes a reference to “my buddy Bob Castellini,” the owner of the Cincinnati Reds, and says stuff about how the Reds can’t compete with the Cubs on payroll. His buddy Bob Castellini, by the way, is worth half a billion dollars, purchased the Reds for $270 million, they’re now worth an estimated $905 million, and they just signed a lucrative new TV deal, so thoughts and prayers to his buddy Bob Castellini and the Reds.

Kasich is right that baseball does not have straight revenue sharing like the NFL and NBA do. But he’s also comically uninformed about the differences in financial structure and revenue sources for baseball teams on the one hand and other sports on the other. He talks about how NFL teams in small towns like Green Bay can do just great while the poor sisters in Cincinnati can’t do as well in baseball, but either doesn’t realize or doesn’t acknowledge that local revenue — especially local TV revenue — pales in importance in football compared to baseball. If the Packers had to make all of their money by broadcasting games to the greater Green Bay area their situation would be a lot different. Meanwhile, if the Yankees had to put all of the revenue they receive via broadcasts in the greater New York area and give it to the poorer teams, it would something less than fair, would it not?

Wait, that’s it! I realize now why my governor did not do as well in the Republican primaries as he expected to! HE’S A COMMUNIST!

Billy Williams, Bill Murray and . . . Fall Out Boy!

CHICAGO, IL - APRIL 08:  Former players Ferguson Jenkins (L) and Billy Williams of the Chicago Cubs throw out ceremonial first pitches before the Opening Day game against the Milwaukee Brewers during the Opening Day game at Wrigley Field on April 8, 2013 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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Major League Baseball has announced the on-field ceremonial stuff for tonight’s Game 3 of the World Series. There are a couple of good things here! And one bit of evidence that, at some point when he was still commissioner, Bud Selig sold his mortal soul to a pop punk band and now the league can’t do a thing about it.

The ceremonial first pitch choice is fantastic: it’s Billy Williams, the Hall of Famer and six-time All-Star who starred for the Cubs from 1959 through 1974. Glad to see Williams here. I know he’s beloved in Chicago, but he has always seemed to be one of the more overlooked Hall of Famers of the 1960s-70s. I’m guessing not being in the World Series all that time has a lot to do with that, so it’s all the more appropriate that he’s getting the spotlight tonight. Here’s hoping Fox makes a big deal out of it and replays it after the game starts.

“Take me out to the ballgame” will be sung by the guy who, I assume, holds the title of Cubs First Fan, Bill Murray. It’ll be wacky, I’m sure.

The National Anthem will be sung by Chicago native Patrick Stump. Who, many of you may know, is the lead singer for Fall Out Boy. This continues Major League Baseball’s strangely strong association with Fall Out Boy over the years. They, or some subset of them, seem to perform at every MLB jewel event. They have featured in MLB’s Opening Day musical montages. They played at the All-Star Game this summer. Twice. And, of course, they are the creative minds behind “My Songs Know What You Did in the Dark,” (a/k/a “light ’em MUPMUPMUPMUP“) which Major League Baseball and Fox used as incessant playoff bumper music several years ago. I don’t ask for much in life, but one thing I do want is someone to love me as much as Major League Baseball loves Fall Out Boy. We all do, really.

Wayne Messmer, the former public address announcer for the Cubs and a regular performer of the National Anthem at Wrigley Field will sing “God Bless America.”

Between that and Bill Murray, I think we’ve found out the Cubs strategy for dealing with Andrew Miller: icing him if he tries to straddle the 6th and 7th innings.