Bryan Stow’s lawyers estimate his damages to be $50 million

20 Comments

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.

Travis d’Arnaud’s position in Wednesday’s box score read “3B-2B-3B-2B-3B-2B-3B-2B-3B-2B-3B-2B-3B-2B-3B-2B-3B-2B”

Elsa/Getty Images
1 Comment

The Mets had to scratch both Jose Reyes and Wilmer Flores an hour before Wednesday’s game against the Yankees due to ribcage injuries, so Travis d'Arnaud — normally a catcher — borrowed David Wright‘s glove and played third base for the first time in his career. He had played some third base in spring training, but as far as an official professional game goes, he’s never been there.

The first two batters the Yankees sent up to the plate in the first inning were left-handed. But when the right-handed Aaron Judge came up, manager Terry Collins swapped second baseman Asdrubal Cabrera with d’Arnaud. It became a thing. The two swapped once more in the first inning, three times in the second, once in the third, five times in the fourth, once in the fifth, three times in the sixth, four times in the seventh, once in the eighth, and twice in the ninth. It worked, as d’Arnaud didn’t have an opportunity to make a play until catching Todd Frazier‘s pop-up for the first out of the ninth inning — as a second baseman. Cabrera had a handful of opportunities, including immediately after having swapped with d’Arnaud.

The Mets lost 5-3. At the plate, d’Arnaud went 0-for-3 with a sacrifice fly. Cabrera was 1-for-4.

Matt Reynolds and Gavin Cecchini are being recalled from Triple-A Las Vegas so the Mets don’t have to do the “3B-2B shenanigans,” as MLB.com’s Anthony DiComo put it, again.

John Lackey stole the first base of his career

2 Comments

Cubs starter John Lackey stole the first base of his 15-year career on Wednesday against the Reds. Of course, he spent the first 11 and a half years of his career in the American League, where opportunities to bat, let alone attempt to steal a base, were rare. Lackey entered Wednesday having taken 250 plate appearances, reaching base just 31 times on 17 singles, seven doubles, and seven walks for a .134 on-base percentage. One can imagine the 38-year-old is not exactly the swiftest base runner.

Still, Lackey managed to swipe a bag in the fourth inning. He singled with two outs against Homer Bailey. Then, with an 0-1 count on Ben Zobrist, Lackey broke for second even before Bailey began his windup. Tucker Barnhart stood up to alert Bailey that Lackey was running, so Bailey wheeled around and threw to second base, but Lackey slid into the bag easily safe. It wasn’t a pretty slide, but it did the job.

Lackey, however, was picked off of second base by Barnhart later that inning. Bailey threw a 3-2 fastball wide of the strike zone, walking Zobrist. Lackey had wandered too far off of second base, so Barnhart threw behind Lackey and the tag was applied by Zack Cozart. Lackey was called safe initially. The play was reviewed and the ruling on the field was overturned, ending the fourth inning.

Base Ba’al giveth and Base Ba’al taketh away.