lawsuit gavel

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.

Late Athletics broadcaster Bill King wins the Ford C. Frick Award

bill-king
CSN Bay Area
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OXON HILL, MD — Bill King has been selected as the 2017 recipient of the Ford C. Frick Award, presented annually for excellence in broadcasting by the National Baseball Hall of Fame and Museum.

King, one of the iconic voices of Bay Area sports, was known for his handlebar mustache and his signature “Holy Toledo!” exclamation. King broadcast A’s games for 25 seasons, from 1981 through 2005. He likewise broadcast Oakland Raiders and Golden State Warriors games and got his start as an announcer for the Giants in the late 1950s after they moved to San Francisco.

King passed away in October 2005. With the Frick Award, however, he has now been immortalized among baseball broadcasters.

Rockies sign Ian Desmond for five years, $70 million

ARLINGTON, TX - OCTOBER 07:  Ian Desmond #20 of the Texas Rangers reacts after hitting a double against the Toronto Blue Jays in the seventh inning of game two of the American League Divison Series at Globe Life Park in Arlington on October 7, 2016 in Arlington, Texas.  (Photo by Ronald Martinez/Getty Images)
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The Rockies have signed free agent outfielder/infielder Ian Desmond for five years and $70 million.

Desmond, 31, played his first season as a full-time outfielder with the Rangers in 2016. Before that he was the Nationals shortstop. He’ll almost certainly be an outfielder in Colorado, or else will play first base, as the Rockies have Trevor Story at short. Desmond hit .285/.335/.446 with 22 home runs, 86 RBI, 107 runs scored, and 21 stolen bases in 677 plate appearances, though he was much, much better in the first half than the second half.

The Rangers had placed a qualifying offer on him which he rejected, so the Rockies will have to give up their first round pick in the 2017 draft, which is 11th overall. That’s the highest pick a team can surrender under the qualifying offer system, as the first ten picks in the draft are protected.