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.

Shapiro, Murray defend Dellin Betances after arbitration feud

SAN DIEGO, CA - JULY 12:  Dellin Betances #68 of the New York Yankees and the American League pitches against the National League during the 87th Annual MLB All-Star Game at PETCO Park on July 12, 2016 in San Diego, California.  (Photo by Harry How/Getty Images)
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The dust hasn’t quite settled after right-hander Dellin Betances‘ arbitration hearing with the Yankees on Saturday. The case was decided in the team’s favor, awarding Betances with a $3 million salary for the 2017 season instead of the $5 million he initially requested. Yankees’ president Randy Levine held a press conference to voice his outrage over the figure presented by Betances and his agency, saying it had “no bearings in reality” since Betances does not have the elite closer status required for a salary bump of that magnitude.

Needless to say, the comments caused some consternation within Betances’ camp. The reliever publicly addressed the outburst, telling the press that he was prepared to put his differences with the team aside until he heard what Levine had to say. Via MLB.com’s Bryan Hoch:

Players union executive Rick Shapiro and Betances’ agent, Jim Murray, also spoke out in the right-hander’s favor. Shapiro presented Betances’ case during the hearing on Saturday and called Levine’s comments “an absolute disgrace to the arbitration process and to all of Major League Baseball.” In a report from FOX Sports’ Ken Rosenthal, Shapiro added: “The only thing that has been unprecedented in the last 36 hours is that a club official, after winning a case, called a news conference to effectively gloat about his victory – that’s unprecedented.”

Murray spoke exclusively to Rosenthal, accusing the president of effectively bullying the 28-year-old during the arbitration process and claiming that Levine had both mispronounced Betances’ name throughout the hearing and blamed the reliever for “declining ticket sales and their lack of playoff history.” Like Betances, Murray said that the agency was ready to accept the arbiter’s decision and move on before Levine’s decision to air his grievances to the media. “The only person overreaching in this entire situation is Randy,” Murray told Rosenthal. “He might as well be an astronaut because nobody on earth would agree with what he is saying. Even the others in the room would disagree with him.”

Royals will experiment with Alex Gordon in all three outfield spots this year

CLEVELAND, OH -  MAY 7: Alex Gordon #4 of the Kansas City Royals reacts to a fan while on first base during the sixth inning against the Cleveland Indians at Progressive Field on May 7, 2016 in Cleveland, Ohio. (Photo by Jason Miller/Getty Images)
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Royals’ manager Ned Yost is shaking things up in 2017, starting with left fielder Alex Gordon. Yost told MLB.com’s Jeffrey Flanagan that “every scenario is open,” and expects to utilize Gordon in right and center field this spring while he figures out where to position Jorge Soler and Brandon Moss.

Gordon, 33, hasn’t manned right field since a three-game experiment with the Royals back in 2010 and has yet to play center field during any regular season to date. The focus, however, isn’t on Gordon’s capabilities. Among the three outfielders, he carries the best defensive profile and appears to be the most versatile of the bunch.

According to Flanagan, Soler and Moss are average on defense and will continue working closely with Royals’ coach Rusty Kuntz as the season approaches. One arrangement could see Gordon in center field, flanked by Soler in right field and Moss in left, though Yost foresees Soler taking some reps at DH if his defensive chops aren’t up to snuff.

While Moss is prepared to see starts at either outfield corner, Yost appears to be set on keeping Soler in right field, at least for the time being. The club is hoping for a bounce-back season from the 24-year-old outfielder, who was acquired from the Cubs in December after batting a lackluster .238/.333/.436 and sustaining a slew of minor injuries throughout the 2016 season.