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.

David Ortiz: “I was born to play against the Yankees”

BOSTON, MA - APRIL 29:  David Ortiz  #34 of the Boston Red Sox celebrates after hitting a two-run home run in the eighth inning during the game against the New York Yankees at Fenway Park on April 29, 2016 in Boston, Massachusetts.  (Photo by Adam Glanzman/Getty Images)
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David Ortiz has used Derek Jeter’s Player’s Tribune as his personal podium all year as he says goodbye to the Major Leagues. He continues that today, on the eve of his final series against the Yankees.

In it Ortiz talks about what playing the Yankees meant to him over the course of his career. About how the fan hate was real but something he embraced. About how the series back in the days of Jeter and Pettitte and Mariano and Mussina were “wars.” He also talks about how the Yankees were basically everything when he was growing up in the Dominican Republic. The only caps and shirts you saw were Yankees shirts and how they were about the only team you could see on TV there. As such, coming to Boston and then playing against the Yankees was a big, big deal.

Ortiz says “[s]ome players are born to be Yankees, you know what I’m saying? I was born to play against the Yankees.”

And he’ll get to do it only three more times.

And That Happened: Monday’s scores and highlights

DETROIT, MI - SEPTEMBER 26: Cleveland Indians player celebrate clinching the Central Division Championship after defeating the Detroit Tigers 7-4 at Comerica Park on September 26, 2016 in Detroit, Michigan. (Photo by Duane Burleson/Getty Images)
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Here are the scores. Here are the highlights:

Marlins 7, Mets 3: Giancarlo Stanton exhorting his teammates to “play the game like Jose would play the game.” The club kneeling in prayer beforehand. Dee Gordon’s right-handed hitting tribute and dramatic home run. A team which had every reason to be lost in a fog playing dominant baseball. Leaving their caps on the mound after the game. It was moving and sad but simultaneously triumphant and uplifting. A reminder of how beloved a teammate and person Jose Fernandez was to those who knew him. A reminder that people play this game and their personal bonds are tighter than we usually acknowledge.

Diamondbacks 14, Nationals 4: One of many routs last night. Here. Cubs over Pirates. Reds over Cardinals. Clinton over Trump. It’s almost as if one side showed up prepared and ready to play and the other side was clearly overmatched and out of their depth. At least the baseball teams get to do this 161 other times rather than have it be a mere three games. Oh well. Here Yasmany Tomas drove in five with a three-run homer and an RBI double. Jean Segura homered twice, driving in three. If the loss wasn’t bad enough, losing Wilson Ramos to a knee injury is something that could severely impact the Nationals’ prospects in the playoffs. Just as disastrous night all around.

Cubs 12, Pirates 2: Chicago picks up its 100th win of the year thanks in large part to a huge night from Javier Baez who drove in six with a grand slam and a two-run single. Meanwhile Kyle Hendricks continued to make his Cy Young case, scattering seven hits across six scoreless innings while watching his ERA sink to 1.99 and picking up his 16th win.

Yankees 7, Blue Jays 5: Maturity abounds as Luis Severino hit Josh Donaldson, the Jays throw at Chase Headley in retaliation and then the Yankees throw at Justin Smoak in retaliation for the retaliation. Based on the video and the game situation it did not appear as if Dondaldson was hit intentionally, but big macho baseball men gotta be big macho baseball men. After Headley was hit the Yankees had to put their big macho baseball men pants on too, apparently. They’re lucky no one was hurt. Luis Severino and J.A. Happ will almost certainly face fines or suspensions. As for the game, Mark Teixeira hit a tying homer in the ninth inning, flipping his bat and then jawing from his dugout, yelling “blown save!” to Jason Grilli. Aaron Hicks subsequently hit a two-run homer and the Yankees’ four-run lead heading into the bottom of the ninth was too much for the Jays to overcome.

Indians 7, Tigers 4: The Indians clinch the AL Central, but it wasn’t all champagne and Budweiser, as ace Corey Kluber had to leave the game with groin tightness. Assuming he’s given an off day for what would’ve been his final start he’ll get a good week and a half or so of rest if he needs it before the ALDS starts. Coco Crisp and Roberto Perez homered for the Indians, and Jason Kipnis doubled in a run. The Tigers are now two games back of the idle Orioles in the Wild Card.

Brewers 8, Rangers 3Jonathan Villar homered twice and had a career-high five RBI as the Brewers put the Rangers a game back in the loss column of the Red Sox for home field advantage in the playoffs.

White Sox 7, Rays 1Justin Morneau and Carlos Sanchez each hit a two-run homer and James Shields won his first game in two months. He’s 4-11 since coming over from San Diego.

Mariners 4, Astros 3: Robinson Cano homered in the top of the 11th to give the M’s the win. He hit a homer in the third inning too. The victory moves Seattle into a tie with Detroit, two games behind Baltimore for the second AL Wild Card. Houston has droppd four of five,and is now three and a half games back in the race.

Reds 15, Cardinals 2: Cincinnati jumped out to a 10-0 lead by the top of the fourth. Four homers from the Reds, two from Adam Duvall, who was 4-for-6 with five RBI on the night. The Cards are one game out of Wild Card position behind the Giants now.

Angels 2, Athletics 1: The clubs exchanged solo shots — Mike Trout for the Angels, Steven Vogt for the A’s — but the tie was broken by Albert Pujols‘ run-scoring groundout in the eighth.