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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.

Red Sox move Clay Buchholz to the bullpen

BOSTON, MA - MAY 26:  Clay Buchholz #11 of the Boston Red Sox is relieved during the sixth inning against the Colorado Rockies  at Fenway Park on May 26, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Red Sox manager John Farrell announced Friday that Clay Buchholz has been moved to the bullpen.

Buchholz was lit up for six runs on Thursday in just the latest poor outing in a year full of them thus far. His ERA now sits at a lofty 6.35 and he is posting a career low strikeout rate of 5.9 per nine innings while both his walk rate and his home run rates have spiked. His WHIP — 1.465 — is the worst he’s posted since 2008.

Eduardo Rodriguez will take his place in the rotation when he comes off the disabled list. He’ll get what would have been Buchholz’s next start on Tuesday.

According to the depth chart, Buchholz was the Red Sox’ second starter. He’s been their worst starter by far this year, however, and now he’s likely a long man who will be seeing mopup duty for the foreseeable future.

Jurickson Profar called up, to get his first MLB action since 2013

Jurickson Profar
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The Texas Rangers have called up infielder Jurickson Profar from Triple-A Round Rock. He’s starting at second base and batting leadoff for the Rangers.

Profar has not seen action in the bigs since the end of the 2013 season, having missed two seasons with shoulder injuries. He has batted .284/.356/.426 with five homers and four steals across 189 plate appearances with Round Rock this season, however, and seems to be healthy again. His stay with the Rangers could be short — he’s basically coming up to fill in for Roughned Odor — but he’s still just 23 and it’s not hard to imagine him making another go of it as a big league regular eventually.

Here’s hoping anyway.

Jose Bautista’s suspension is upheld

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Major League Baseball has upheld Jose Bautista‘s one-game suspension arising out of the Rougned Odor fracas. Bautista tried to have it thrown out on appeal, but really, if you get one game they’re not gonna budge on that. Maybe if they start with half-game suspensions they’ll be room to work, but when the choice is one or none, MLB is going to stick with one.

Bautista will serve the suspension tonight against the Red Sox. Ezequiel Carrera will take his place in right field.

What’s on tap: previewing tonight’s action

MINNEAPOLIS, MN - JULY 13:  Julio Urias of the World Team during the SiriusXM All-Star Futures Game at Target Field on July 13, 2014 in Minneapolis, Minnesota.  (Photo by Hannah Foslien/Getty Images)
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The big game is in New York, where Julio Urias makes his major league debut against Jacob deGrom and the New York Mets. Urias, 19, has 27 consecutive scoreless innings under his belt. All at Triple-A, of course. The debuts of young pitchers tend not to go too well, but at the very least you’ll see a guy with electric stuff and you’ll be able to say you saw him back when he was just a lad.

Another nice matchup pits Jaime Garcia against Max Scherzer. Garcia has struggled of late but is always capable of a big game. Scherzer has had some of the biggest games of the past couple of years. Masahiro Tanaka vs. Chris Archer is another matchup with star power, even if Archer hasn’t lived up to his billing of late. Tanaka has only pitched on game in Tropicana Field but it was a great game, tossing seven shutout innings while striking out eight. He may be the only person alive who likes it there.

Here’s tonight’s slate. And, well, this afternoon’s game in Chicago too:

Philadelphia Phillies (Adam Morgan) @ Chicago Cubs (Jon Lester), 2:20 PM EDT, Wrigley Field

St. Louis Cardinals (Jaime Garcia) @ Washington Nationals (Max Scherzer), 7:05 PM EDT, Nationals Park

Boston Red Sox (Joe Kelly) @ Toronto Blue Jays (Aaron Sanchez), 7:07 PM EDT, Rogers Centre

Baltimore Orioles (Mike Wright) @ Cleveland Indians (Trevor Bauer), 7:10 PM EDT, Progressive Field

Los Angeles Dodgers (Julio Urias) @ New York Mets (Jacob deGrom), 7:10 PM EDT, Citi Field

New York Yankees (Masahiro Tanaka) @ Tampa Bay Rays (Chris Archer), 7:10 PM EDT, Tropicana Field

Miami Marlins (Adam Conley) @ Atlanta Braves (Williams Perez), 7:35 PM EDT, Turner Field

Pittsburgh Pirates (Jonathon Niese) @ Texas Rangers (Cole Hamels), 8:05 PM EDT, Globe Life Park in Arlington

Cincinnati Reds (John Lamb) @ Milwaukee Brewers (Zach Davies), 8:10 PM EDT, Miller Park

Chicago White Sox (Miguel Gonzalez) @ Kansas City Royals (Danny Duffy), 8:15 PM EDT, Kauffman Stadium

San Francisco Giants (Matt Cain) @ Colorado Rockies (Tyler Chatwood), 8:40 PM EDT, Coors Field

San Diego Padres (Christian Friedrich) @ Arizona Diamondbacks (Robbie Ray), 9:40 PM EDT, Chase Field

Detroit Tigers (Michael Fulmer) @ Oakland Athletics (Sean Manaea), 10:05 PM EDT, Oakland Coliseum

Houston Astros (Mike Fiers) @ Los Angeles Angels (Matt Shoemaker), 10:05 PM EDT, Angel Stadium of Anaheim