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.

Another interestingly named player is promoted by the Pirates

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When you promote a player from the minors, the first and foremost consideration is whether or not he can help your ball club. But, assuming that’s taken care of, teams should really, really make it a priority to call up dudes with cool sounding names because it makes life more interesting for the rest of us.

The Pirates are doing that. The other night Dovydas Neverauskas made his big league debut. In addition to being the first Lithuanian born-and-raised player in major league history, it’s a solid, solid name. Now the Pirates are making another promotion: Gift Ngoepe.

Yep, Gift Ngoepe. He’s an infielder from South Africa, making the leap to the bigs due to David Freese‘s hamstring injury. Ngoepe, 27, was batting just .241/.308/.379 through 66 plate appearances this season with Triple-A Indianapolis, his ninth in the minors, so he’s not exactly a prospect. But man, that’s a killer name.

It’s also worth mentioning that Gift and Neverauskas were arrested together in a bar fight last August in Toledo, so there is already a good basis for some bonding here.

Good luck, Gift. Gift Ngoepe. Mr. Ngoepe. G-Ngo. Man, I could do this all day.

Manny Machado teaches us to never give up

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The Rays beat the Orioles last night, but the play of the game belonged to an Oriole defender.

Evan Longoria was batting and he chopped a ball foul down the third base line. At least it started out foul. As we all know, however, it doesn’t matter where the ball starts, it matters where it is when it crosses the bag.

Manny Machado knows this and didn’t give up on the ball despite it starting several feet in foul territory. He watched it come back, stayed with it and threw out Longoria who, unlike Machado, did give up on it, assuming he’d merely get a strike and another hack. Watch:

Longoria would get Machado back, however, fielding a ball Machado smoked to third base in the ninth inning, recording the second to last out of the game.