lawsuit gavel

Stop bashing the Dodgers for “blaming” Bryan Stow for his injuries

31 Comments

There has been a minor uproar today since it was reported that the Dodgers, in the context of the civil suit arising out of the Bryan Stow beating, will ask the jury to assign percentages of the blame to the assailants, the Dodgers … and to Bryan Stow himself.  The tenor of the uproar:  “Oh my God, the DODGERS ARE BLAMING THE VICTIM!”

Back off the ledge, people.  This is standard. It is part of any litigation involving injuries. Your indignation at the Dodgers may feel righteous, but it is misplaced.

To be sure, it’s not entirely misplaced.  The attorney who was quoted — Jerome Jackson — put it in a way that could have been a tad more callous if he put effort into it, but not terribly more so:

“You’re saying to the jury, ‘They (the Stow family) are saying we’re 100 percent liable. But does that mean (Marvin) Norwood and (Louis) Sanchez, who beat this guy up, have no liability? And, does it mean Mr. Stow himself has no liability? … I’ve been doing these cases for 23 years and I have never seen one yet in which it didn’t take at least two people to tango.”

Not the way I would have phrased it. There’s no need to say that kind of thing in that kind of off the cuff manner.  But he’s also not wrong.

California is a comparative negligence state.  What that means is, in personal injury cases in California, the jury is required to determine responsibility and damages based on the negligence of every party directly involved in the accident.

The classic case: a car accident in which one driver is speeding, the other driver fails to signal and turns in front of the speeder (whose speed he has misjudged) and an accident happens. Both parties contributed to the accident, and the jury assigns percentages of the blame. Let’s say that the speeder was 49% responsible and the turner was 51%.

Is it fair for the one who was 49% responsible to recover 100% of the damages from the one who was 51% responsible? Because that’s how the law used to be everywhere. One is right one is wrong and it’s all or nothing. People understandably had a problem with this, so most states now allow recovery based on those percentages.

Applied to the Stow case, it’s not inconceivable that a jury — once it hears the evidence — could conclude that, in fact, Bryan Stow contributed, say, 5% to the incident. How? Well, remember that video of Stow taunting Dodgers fans?  While we may all conclude that taunting is no excuse for a beating — I certainly believe that — a jury will be tasked with making its own determination of that. And of any other evidence that we don’t currently know about. They will be asked to make that impartial judgment. They could decide that Stow was 0%. They could decide it was 5%. They could decide 25%.

But the point is, no matter how unseemly is may feel to “blame the victim” as it were, the law allows the jury to decide it. And if the jury is allowed to decide it, and there is any chance that because of it the Dodgers’ liability could be reduced, the lawyer for the Dodgers is absolutely obligated to raise it. It would be legal malpractice for him not to.

If you hate this, take up your argument with the legislature who made California a comparative negligence state. Or take your argument up with the jury if and when it decides to blame the victim.  But don’t take it out on the Dodgers. And don’t take it out on the  lawyer. The man — while not exactly the most thoughtful speaker in the world — is just doin’ his job.

The Orioles signed Rafael Palmeiro’s son

Rafael Palmeiro
Getty Images
1 Comment

Last summer we posted about Rafael Palmeiro coming out of retirement to play for the independent league Sugar Land Skeeters. The reason: to play a game with his boy Patrick. In that game the elder Palmeiro went 2-for-4 with an RBI, a walk, and a run scored. His son, who is now 26, went 2-for-4 with a grand slam.

Did that serve as an audition for Patrick? Possibly, as Jon Meloi of the Baltimore Sun reports that the Orioles just signed him to a minor league deal.

As Meloi notes, it’s certainly just an organizational depth move, as Patrick is no prospect. And it’s actually likely something of a coincidence that it’s the Orioles who signed him, as Palmeiro doesn’t have any real contacts with the Orioles baseball operations people, all of whom are different folks now than back in his day.

This may not be the last of the Palmeiros, by the way. Peter Gammons tweeted this morning that Patrick’s younger brother, Preston, is a first baseman at North Carolina State who could be drafted this june. Gammons says he has a swing “remarkably similar to dad.”

Diamondbacks, A.J. Pollock avoid arbitration with two-year contract

Arizona Diamondbacks center fielder A.J. Pollock drives in two runs against the Cincinnati Reds during the eighth inning of a baseball game, Thursday, Aug. 20, 2015, in Cincinnati. (AP Photo/Gary Landers)
AP Photo/Gary Landers
1 Comment

Steve Gilbert of MLB.com reports that the Diamondbacks and outfielder A.J. Pollock have avoided arbitration by agreeing to a two-year extension. The deal is worth $10.25 million, per ESPN’s Buster Olney.

Pollock was arbitration-eligible for the first time this winter. The 28-year-old requested $3.9 million and was offered $3.65 million by the Diamondbacks when figures were exchanged on January 15. It wasn’t much of a gap, but the two sides were ultimately able to find common ground on a multi-year deal. Pollock will still be under team control for one more year after this new deal expires.

Pollock is coming off a breakout 2015 where he batted .315/.367/.498 with 20 home runs, 76 RBI, and 39 stolen bases over 157 games. He ranked sixth among position players with 7.4 WAR (Wins Above Replacement), according to Baseball Reference.

Report: Blue Jays and Josh Donaldson agree to two-year, $29 million extension

Toronto Blue Jays' Josh Donaldson celebrates his two run home run against the Kansas City Royals during the third inning in Game 3 of baseball's American League Championship Series on Monday, Oct. 19, 2015, in Toronto. (AP Photo/Paul Sancya)
AP Photo/Paul Sancya
9 Comments

The Blue Jays and 2015 American League Most Valuable Player Josh Donaldson have avoided arbitration by agreeing to a two-year, $29 million contract, reports Shi Davidi of Sportsnet.ca.

Donaldson was arbitration-eligible for the second time this winter. He filed for $11.8 million and was offered $11.35 million by the Blue Jays when figures were exchanged last month. It wasn’t a big gap, but since the Blue Jays are a “file and trial” team, they bring these cases to an arbitration hearing unless a multi-year deal can be worked out. As opposed to last winter, they were able to avoid a hearing this time around. Donaldson was originally a Super Two player, so he’ll still have one year of arbitration-eligibility once this two-year deal is completed.

The 30-year-old Donaldson is coming off a monster first season in Toronto where he batted .297/.371/.568 with 41 homers while leading the American League with 123 RBI.

Giants and Brandon Belt have an arbitration hearing scheduled for Wednesday

San Francisco Giants'  Brandon Belt reacts after being called out on strikes by home plate umpire Jim Joyce to end the top of the first inning against the Colorado Rockies in a baseball game Friday, Sept.. 4, 2015, in Denver. (AP Photo/David Zalubowski)
AP Photo/David Zalubowski
2 Comments

Brandon Belt filed for $7.5 million and was offered $5.3 million by the Giants when arbitration figures were exchanged last month. That’s a pretty sizable gap. While there’s still a chance that an agreement will be worked out at the last minute, Henry Schulman of the San Francisco Chronicle reports that an arbitration hearing is scheduled for Wednesday.

The Giants haven’t gone to an arbitration hearing since 2004, when they lost to catcher A.J. Pierzynski. Schulman hears from one person involved that because of the gap between Belt and the Giants, there’s a real chance this will break that string and require a hearing.

Belt batted .280/.356/.478 with 18 home runs and 68 RBI over 137 games in 2015, but he dealt with concussion symptoms for the second straight season. An arbitration hearing could bring some unpleasant conversation to the surface.