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


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.

MLB in negotiations to play a game in London

British Flag

Baseball was not invented by some American in upstate New York. Rather, it evolved from a number of different bat-and-ball games like cricket, roundersbat and trap, and stool ball. These games, first played in England, meshed together over time in important ways to form what we now know of as baseball.  It’s a fascinating history, featured in a great documentary which searches for baseball’s primordial common ancestor.

Which is to say that, while this seems odd given baseball’s almost total lack of popularity in the U.K., it’s not entirely inappropriate. It’s really just an overdue homecoming:

The operators of the Olympic Stadium were on Saturday night in advanced negotiations to stage the first ever Major League Baseball game in Europe.

Telegraph Sport has learnt that serious talks have taken place over bringing a series of MLB matches to the London 2012 centrepiece, potentially as early as 2017.

MLB officials have long been exploring hosting regular-season games in Europe, declaring an interest in the Olympic Stadium as long ago as March 2012.

“Matches.” OMG the British are so cute.

All we Yanks ask is that our British cousins play evening games so we can watch them at a decent hour. Thanks.

(h/t CBS Eye on Baseball)

Jose Reyes pleads not guilty to spousal abuse in Hawaii

Colorado Rockies' Jose Reyes follows through on a base hit against the Arizona Diamondbacks during the first inning of a baseball game, Thursday, Oct. 1, 2015, in Phoenix. (AP Photo/Matt York)
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Rockies shortstop Jose Reyes pleaded not guilty yesterday to abusing his wife in Hawaii on October 31.

Reyes was arrested at the time and was released after posting $1,000 bail. He was not in Hawaii for the arraignment and his not guilty plea was entered on his behalf by his attorney.

Which means that he’s probably in his usual offseason home on Long Island. Which, I am told, is a short drive from Major League Baseball headquarters. Which makes one wonder if Reyes has yet to be interviewed by Rob Manfred in anticipation of the punishment he will no doubt receive under Major League Baseball’s domestic violence policy. A policy which specifically says that the Commissioner need not wait for the justice system to play out before assessing his own discipline.

So, Rob. How you doin’ man?


Giants interested in John Lackey

John Lackey
AP Photo/Charles Rex Arbogast

Ben Cafardo of the Boston Globe speculated on Sunday that there might be a connection between the Giants and veteran free agent right-hander John Lackey, and now FOX Sports’ Ken Rosenthal reports that San Francisco is indeed in pursuit.

Rosenthal says the Giants, “like most clubs seeking pitching, [are] examining [a] wide range of options” in this starter-heavy free agent market. Lackey would make a ton of sense for any contender on something like a two-year deal. His free agency is tied to draft pick compensation, but that shouldn’t be much of a deterrent.

The 37-year-old right-hander registered a career-best 2.77 ERA across 218 innings (33 starts) this past season for the National League Central-champion Cardinals and he was St. Louis’ most reliable starter during the playoffs.

It’s well known that he wants to remain in the National League.

Angels sign catcher Geovany Soto to one-year contract

Geovany Soto
AP Photo/Alex Gallardo
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As first reported by beat writer Bill Shaikin of the Los Angeles Times, the Angels have signed free agent catcher Geovany Soto to a one-year major league contract.’s Alden Gonzalez says the deal is worth $2.8 million guaranteed.

Soto will offer some veteran presence at catcher for the Halos alongside 25-year-old Carlos Perez, who hit .250/.299/.346 as a rookie in 2015.

Soto slashed .219/.301/.406 with nine homers in 78 games this summer for the White Sox.

The 32-year-old backstop is a .246/.331/.434 career hitter at the major league level.