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

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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 Rangers trade Chris Gimenez to the Indians

Texas Rangers' Chris Gimenez, left, and Rougned Odor celebrate Gimenez scoring during the fourteenth inning of Game 2 in baseball's American League Division Series, Friday, Oct. 9, 2015, in Toronto. Texas won 6-4. (Darren Calabrese/The Canadian Press via AP) MANDATORY CREDIT
Associated Press
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The Cleveland Indians just announced that they’ve acquired catcher Chris Gimenez from the Texas Rangers in exchange for cash considerations.

Gimenez knows his way to Progressive Field. Indeed, this will be his third stint with the Indians organization. He was their 19th round pick in the 2004 draft, made his big league debut with the club in 2009 and stayed through the 2010 season. He came back in 2014 for eight games, now he’s back again. He has yet to play in 2016 due to a ankle issue. He as doing minor league rehab before being DFA’d by the Rangers yesterday.

Come back to Cleveland, Chris. You always will have a home in Cleveland.

The Dodgers suspend Erisbel Arruebarrena for the season. Again.

Erisbel Arruebarrena
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Last year the Dodgers suspended infielder Erisbel Arruebarrena for the remainder of the season“for repeated failures to comply with his contract.” Arreubarrena appealed his suspension to Major League Baseball and it was reduced to thirty days, though that was said to be a settlement between Arruebarrena and the Dodgers as opposed to a full adjudication.

Here we go again: Gabe Kapler, the Dodgers Director of Player Development, just announced that the Dodgers have suspended Arruebarrena for the rest of 2016 “for repeated failure to comply with the terms of his contract.” No further specifics were given.

Arruebarrena was signed out of Cuba to to a five-year, $25 million deal back in 2013. He played in 22 games in the bigs in 2014, hitting .195. He was dropped from the 40-man roster after that season, however, and after his suspension last year managed to only play in 53 games across three levels. He hit better, but none of his action was above Double-A and he was 25 at the time. He’s played 17 games at Double-A this year and isn’t hitting.

What he was or was not doing with respect to his contract is unclear at the moment, but this isn’t exactly the kind of thing that happens on a daily basis, especially with dudes under contract for $25 million, so we’ll probably hear more eventually.

Braves’ Markakis misses game because of family emergency

Nick Markakis, Nick Swisher
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NEW YORK (AP) Braves right fielder Nick Markakis has left the team because of a family emergency.

Manager Fredi Gonzalez said before Wednesday’s game against the Mets that Markakis had headed home to Maryland. The veteran is expected to be back in time for Friday’s home game against Arizona. Atlanta is off Thursday.

Chase d’Arnaud is starting in right field and Mallex Smith is leading off Wednesday.

Markakis is hitting .281 with no home runs and 20 RBIs.

Report: more major league PED suspensions coming soon

FILE - In this May 30, 2007 file photo a blister with the steroid Oral-Turinabol is displayed in Dresden, eastern Germany. Oral-Turinabol was the main drug in the state-controlled doping in former East Germany.    (AP Photo/Matthias Rietschel, file)
Associated Press
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T.J. Quinn of ESPN’s Outside the Lines reports that another major leaguer — or possibly several of them — will soon be suspended for PEDs. He says that, as was the case with Chris Colabello and others recently, the drug will be Turinabol, which is an old school anabolic steroid. Quinn says that improved testing procedures, which he details in the article, are a likely reason for the spike in Turinabol positives, though it’s also possible that there is a tainted supplement being taken, though he deems that speculative.

What isn’t mentioned is . . . how an ESPN reporter knows a positive test is coming when the drug testing program is supposed to be confidential. Someone with the league or the union must be telling him, right? That’s sort of messed up, no? Will MLB investigate who is leaking such things?

Whatever the case, we’ll soon have a new police blotter item, it seems.