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.

Cubs sign Brett Anderson to a $3.5 million deal

Brett Anderson
AP Photo/J Pat Carter
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Ken Rosenthal of FOX Sports reports that the Cubs have signed pitcher Brett Anderson to a contract, pending a physical. Anderson, apparently, impressed the Cubs during a bullpen session held in Arizona recently. According to Jeff Passan of Yahoo Sports, the deal is for $3.5 million, but incentives can bring the total value up to $10 million.

Anderson, 28, has only made a total of 53 starts and 12 relief appearances over the past five seasons due to a litany of injuries. This past season, he made just three starts and one relief appearance, yielding 15 runs on 25 hits and four walks with five strikeouts in 11 1/3 innings. The lefty dealt with back, wrist, and blister issues throughout the year.

When he’s healthy, Anderson is a solid arm to have at the back of a starting rotation or in the bullpen. The defending world champion Cubs aren’t risking much in bringing him on board.

Yordano Ventura’s remaining contract hinges on the results of his toxicology report

DETROIT, MI - SEPTEMBER 24: Yordano Ventura #30 of the Kansas City Royals pitches against the Detroit Tigers during the first inning at Comerica Park on September 24, 2016 in Detroit, Michigan. (Photo by Duane Burleson/Getty Images)
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Ken Rosenthal of FOX Sports provides an interesting window into how teams handle a player’s contract after he has died in an accident. It was reported on Sunday that Royals pitcher Yordano Ventura died in a car accident in the Dominican Republic. He had three guaranteed years at a combined $19.25 million as well as two $12 million club options with a $1 million buyout each for the 2020-21 seasons.

What happens to that money? Well, that depends on the results of a toxicology report, Rosenthal explains. If it is revealed that Ventura was driving under the influence, payment to his estate can be nullified. The Royals may still choose to pay his estate some money as a gesture of good will, but they would be under no obligation to do so. However, if Ventura’s death was accidental and not caused by his driving under the influence, then his contract remains fully guaranteed and the Royals would have to pay it towards his estate. The Royals would be reimbursed by insurance for an as yet unknown portion of that contract.

The results of the toxicology report won’t be known for another three weeks, according to Royals GM Dayton Moore. Dominican Republic authorities said that there was no alcohol found at the scene.

Ventura’s situation is different than that of Marlins pitcher Jose Fernandez, who died in a boating accident this past September. Fernandez was not under contract beyond 2016. He was also legally drunk and cocaine was found in his system after the accident. Still, it is unclear whether or not Fernandez was driving the boat. As a result, his estate will receive an accidental death payment of $1.05 million as well as $450,000 through the players’ standard benefits package, Rosenthal points out.