lawsuit gavel

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


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.

Giants interested in John Lackey

John Lackey
AP Photo/Charles Rex Arbogast
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Ben Cafardo of the Boston Globe speculated on Sunday that there might be a connection between the Giants and veteran free agent right-hander John Lackey, and now FOX Sports’ Ken Rosenthal reports that San Francisco is indeed in pursuit.

Rosenthal says the Giants, “like most clubs seeking pitching, [are] examining [a] wide range of options” in this starter-heavy free agent market. Lackey would make a ton of sense for any contender on something like a two-year deal. His free agency is tied to draft pick compensation, but that shouldn’t be much of a deterrent.

The 37-year-old right-hander registered a career-best 2.77 ERA across 218 innings (33 starts) this past season for the National League Central-champion Cardinals and he was St. Louis’ most reliable starter during the playoffs.

It’s well known that he wants to remain in the National League.

Angels sign catcher Geovany Soto to one-year contract

Geovany Soto
AP Photo/Alex Gallardo
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As first reported by beat writer Bill Shaikin of the Los Angeles Times, the Angels have signed free agent catcher Geovany Soto to a one-year major league contract.’s Alden Gonzalez says the deal is worth $2.8 million guaranteed.

Soto will offer some veteran presence at catcher for the Halos alongside 25-year-old Carlos Perez, who hit .250/.299/.346 as a rookie in 2015.

Soto slashed .219/.301/.406 with nine homers in 78 games this summer for the White Sox.

The 32-year-old backstop is a .246/.331/.434 career hitter at the major league level.

White Sox acquire right-hander Tommy Kahnle from Rockies

Tommy Kahnle
AP Photo/David Zalubowski
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According to the official Twitter account of the Chicago White Sox, the club acquired right-hander Tommy Kahnle from the Rockies on Tuesday evening in exchange for minor league pitcher Yency Almonte.

Kahnle was designated for assignment by the Rockies last week in a flurry of moves made in preparation of next month’s Rule 5 Draft. The 26-year-old former fifth-round pick posted an ugly 4.86 ERA, 1.77 WHIP, and 39/28 K/BB ratio in 33 1/3 innings this past season for Colorado and he wasn’t much better at Triple-A Albuquerque.

Almonte, 21, had a 3.41 ERA, 1.15 WHIP, and 110/38 K/BB ratio in 137 1/3 innings this past season between Low-A Kannapolis and High-A Winston-Salem.

It’s a straight one-for-one deal of two non-prospects, and the timing of it — in the evening, with Thanksgiving approaching — has our Craig Calcaterra wondering whether an executive was just trying to get out of some family responsibilities …

Mark McGwire to become the Padres bench coach

Los Angeles Dodgers batting coach Mark McGwire roams the field during practice for the National League baseball championship series Thursday, Oct. 10, 2013, in St. Louis. The Dodgers are scheduled to play the St. Louis Cardinals in Game 1 of the NLCS on Friday in St. Louis. (AP Photo/Jeff Roberson)

The other day Dennis Lin of the San Diego Union-Tribune reported that the Padres were in discussions with former Dodgers hitting coach Mark McGwire about their bench coach job. Today Jon Heyman reports that the deal is done and will soon be announced.

McGwire has been the hitting coach for Los Angeles for the past three seasons. When his contract was not renewed following the end of 2015 he was rumored to be up for the Diamondbacks’ hitting coach job. He likely view staying in Southern California to be a plus, as he makes his home in Irvine, which is around 90 miles from Petco Park. That’s a long commute, but Mac can afford the gas, I guess.