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.

Should Dave Roberts have taken Clayton Kershaw out of Sunday’s game?

NEW YORK, NY - MAY 29:  Clayton Kershaw #22 of the Los Angeles Dodgers delivers a pitch in the first inning against the New York Mets at Citi Field on May 29, 2016 in the Flushing neighborhood of the Queens borough of New York City.  (Photo by Elsa/Getty Images)
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Dodgers manager Dave Roberts will likely be second-guessed heavily during tomorrow’s news cycle. Starter Clayton Kershaw had pitched a terrific ballgame, as is his tendency, but with 114 pitches to his name, Roberts decided to pull him from the game in the eighth inning with two outs and a runner on first base.

Roberts opted not for closer Kenley Jansen, who hasn’t pitched since Wednesday, but for another lefty in Adam Liberatore. He was playing the numbers, with the left-handed-hitting Curtis Granderson coming up. Liberatore, much to Roberts’ chagrin, served up what turned out to be a game-tying triple to Granderson, hitting a rocket to right-center just out of the reach of a leaping Yasiel Puig.

Jansen has, for six years, been one of the game’s elite relievers. Kershaw, though at a high pitch count, doesn’t seem to suffer from the times through the order penalty like most pitchers. Kershaw’s opponents’ OPS facing him for the first time was .525 coming into Sunday. Twice, .597. Three times, .587. Four times, .526 (but this suffers from survivorship bias so it’s not exactly representative).

Furthermore, Kershaw held lefties to a .546 OPS over his career. Liberatore, in 99 plate appearances against lefty hitters, gave up a .575 OPS. Jansen? .560. It seems that, faced with three decisions, Roberts arguably made the worst one. Playing conservative with Kershaw at 114 pitches is defensible, but only if Jansen comes in. If Roberts wanted the platoon advantage, Kershaw should have stayed in.

Luckily for the Dodgers, Mets closer Jeurys Familia didn’t have his best stuff. He loaded the bases with one out in the top of the ninth on a single and two walks, then gave up a two-run single to Adrian Gonzalez, giving the Dodgers a 4-2 lead. Jansen came on in the bottom half of the ninth and retired the side in order to pick up his 15th save of the season.

Royals sweep White Sox over the weekend on three late rallies

KANSAS CITY, MO - MAY 28:  Brett Eibner #12 of the Kansas City Royals celebrates his game-winning RBI single with teammates in the ninth inning against the Chicago White Sox at Kauffman Stadium on May 28, 2016 in Kansas City, Missouri. The Royals won 8-7. (Photo by Ed Zurga/Getty Images)
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The Royals had themselves a pretty good weekend. The quickly fading White Sox, not so much.

On Friday, the Royals fell behind 5-1 after the top of the sixth. They would score once in the bottom of the sixth, four times in the seventh, and once in the eighth to steal a 7-5 win facing pitchers Miguel Gonzalez Dan Jennings, Matt Albers, Zach Duke and Nate Jones.

On Saturday, the Royals entered the bottom of the ninth down 7-1. They scored seven runs on closer David Robertson and Tommy Kahnle to win 8-7.

On Sunday, the Royals were down 4-2 after the top of the eighth. They plated three runs in the bottom half of the eighth against Jones and Albers, going on to win 5-4.

Coming into the weekend, the Royals were 24-22 in third place. The White Sox were 27-21, a half-game up in first place. Now the Royals are in first place by a game and a half, and the White Sox are in third place, two games out of first.

Here’s video of the Royals’ comeback on Saturday, since it was so unlikely:

Report: Ryan Braun is “the hot name out there”

ATLANTA, GA - MAY 24: Ryan Braun #8 of the Milwaukee Brewers waits to hit during the first inning against the Atlanta Braves at Turner Field on May 24, 2016 in Atlanta, Georgia. (Photo by Scott Cunningham/Getty Images)
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In Saturday’s column for The Boston Globe, Nick Cafardo notes that, according to a scout, Brewers outfielder Ryan Braun is “the hot name out there.” Braun has been bothered by neck and back issues this year, missing on Sunday his eighth start out of the Brewers’ last 14 games, but he has still put up a quality .351/.424/.583 triple-slash line in 170 plate appearances this year.

More importantly for an acquiring team, Braun is in the first year of a five-year, $105 million contract. He’s earning $19 million this season and in the ensuing two seasons, and then his salary decreases slightly to $18 million in 2019, $16 million in 2020, and $15 million if both sides pick up his mutual option (else a $4 million buyout would be exercised).

Per Cafardo, the Astros, Cardinals, Red Sox, Phillies, Mets, Giants, and White Sox are potential landing spots for Braun.

Mets unhappy with Dodgers’ request to make outfield markings to position fielders

NEW YORK, NY - MAY 28:  The 1986 New York Mets are honored before the game between the New York Mets and the Los Angeles Dodgers at Citi Field on May 28, 2016 in the Flushing neighborhood of the Queens borough of New York City.The New York Mets are honoring the 30th anniversary of the 1986 championship season.  (Photo by Elsa/Getty Images)
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Ken Rosenthal of FOX Sports reports that the Mets have asked MLB for clarification on the Dodgers’ use of a laser rangefinder for defensive positioning over this weekend’s series at Citi Field. The Dodgers notified the Mets’ ground crew that they wanted to mark certain positions in the outfield grass after determining positions with the rangefinder. The grounds crew said they could leave two marks in center field and one in left field.

However, the grounds crew then went to their superiors and told them that the Dodgers threatened to dig holes in the outfield grass with their cleats, so the grounds crew was then instructed to “erase or obliterate” any of the Dodgers’ markings.

According to Rosenthal, Major League Baseball reinforced a few weeks ago that teams aren’t allowed to use markers to aid defensive positioning. The Dodgers haven’t been accused of doing anything nefarious during a game. Howie Kendrick was seen pulling something out of his pocket in the outfield, but Brett Anderson clarified on Twitter that it was just a piece of paper with notes for defensive positioning.

The series between the Mets and Dodgers has been heated, as Noah Syndergaard was ejected for throwing at Chase Utley on Saturday. Utley then responded by hitting two home runs, one of which was a grand slam. The Mets may have a legitimate concern, or it may just be gamesmanship.