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.

And That Happened: Thursday’s Scores and Highlights

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Here are the scores. Here are the highlights:

Indians 9, Twins 3; Twins 4, Indians 2: Yan Gomes and Jason Kipnis each had three hits and a homer in the first game, helping the Indians win their sixth straight. That streak ended in the second game, however, as Aaron Slegers, making his big league debut, allowed only two runs while pitching into the seventh and Max Kepler hit a go-ahead homer that inning. Eduardo Escobar knocked in two on a 3-for-5 evening.

Diamondbacks 4, Astros 0: Patrick Corbin fell one out short of a shutout, allowing only four hits in eight and two-thirds, and Archie Bradley retired the final batter to make it a team effort. Jake Lamb homered. Daniel Delscalso hit an inside-the-park homer. Lamb called that weirdness and raised by striking out on a wild pitch that allowed David Peralta to scores from third.

Reds 13, Cubs 10: The Reds scored nine runs in the second inning. Normally that’d be enough to ensure a win, but this one was wild, with the Cubs coming back to tie it in the fifth. The Reds kept scoring, however, winning it going away. Lots of crooked numbers in this box score, with Reds outfielder Phillip Ervin driving in four, including the two-run homer which broke the 9-9 ties, and Jose Peraza and Joey Votto each driving in three for Cincinnati. The Cubs hit six homers: Ian Happ had two and Kris Bryant, Alex Avila, Javier Baez and Kyle Schwarber each hitting one. Jon Lester gave up nine runs — seven earned — and left before he could finish two innings. Scott Feldman allowed six in less than four.

Braves 10, Rockies 4Ender Inciarte hit two of Atlanta’s four homers as the Braves bounced back from Wednesday’s rout. Freddie Freeman and Tyler Flowers also homered as Colorado and Atlanta split their four-game set. A scare for the Rockies: Nolan Arenado had a ball smack his hand as he tried to field it at third, forcing him out of the game. X-rays came back negative, however, which is positive.

Blue Jays 5, Rays 3: It was tied 3-3 in the eighth, thanks in part to two solo homers from Josh Donaldson, when Justin Smoak hit a two-run homer. Donaldson is on fire, having hit 11 home runs over his past 19 games, including four times in this series. He’s batting .400 (20 for 50) with 21 RBI in the month of August. There are nine teams in the AL realistically competing for two Wild Card spots, with the Blue Jays — previously written off for dead — among them, three games out of the second spot. September is gonna be nuts.

Cardinals 11, Pirates 7: Dexter Fowler drove in three, two of which coming on a triple, as the Cardinals come back after being down 5-0. Game highlight, though, was Josh Harrison dancing.

Yankees 7, Mets 5Gary Sanchez homered and drove in five runs as the Yankees sweep the Mets in the Subway Series. Which is misnamed, as I figure that few if any of the players involved actually take the subway to the games anymore, what with the subway being an absolute disaster these days.

Rangers 9, White Sox 8: Nomar Mazara homered in drove in five too, hitting a tie-breaking three-run homer in the fifth. The Rangers have won four straight and seven of eight, climbing back to .500. Mazara has 25 RBI in his past 19 games and is on a pace for 111.

Nationals 2, Padres 1: The Nats only had four hits in the game, but one of them was a Ryan Zimmerman homer to break a 1-1 tie in the eighth. Edwin Jackson — who, at this point, we must refer to as “Edwin Jackson of all people” every time he’s mentioned — allowed one run over seven, scattering eight hits.

Giants 5, Phillies 4Jeff Samardzija was solid, winning for the fourth time in his last five starts and Jarrett Parker hit a two-run double in the fifth that led to Denard Span and Hunter Pence scoring within seconds of each other after Pence almost caught up with Span on the base paths:

Don’t look back, somethin’ might be gainin’ on ya.

Kris Bryant on Joey Votto: “He’s the best player ever … He’s a future Hall of Famer, that’s for sure.”

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The Cubs wrapped up a four-game series against the Reds at Wrigley Field on Thursday afternoon, suffering a 13-10 loss to split the set. They’ll match up again against the Reds next week for a three-game series in Cincinnati. That’s good news for Cubs third baseman Kris Bryant, because that means he’ll get to see Reds first baseman Joey Votto some more.

As CSN Chicago’s Patrick Mooney reports, Bryant has grown quite fond of Votto. Bryant has already won a World Series ring, a Rookie of the Year Award, and an MVP Award, but he still looks up to Votto. According to Bryant, Votto is “the best player ever.” He added, ““He’s my favorite player. I love watching him. I love talking to him, just picking his brain. He gets a lot of (heat) about his walks and working at-bats and some people want him to swing at more pitches. But, gosh, I mean, he does an unbelievable job. You know that he’s going to give you a great at-bat every time he goes up there. It’s definitely a guy that I look up to and I can learn from.”

Bryant said that Votto is “a future Hall of Famer, that’s for sure.”

Bryant also explained how his approach changed by watching Votto. He said that in his rookie season, he was “swinging at everything.” Votto, however, is “aggressive, but he’s not going to swing at a pitch until he wants it.”

Indeed, in Bryant’s rookie season, he struck out in nearly 31 percent of his 650 plate appearances. This season, he has struck out in only 19 percent of his PA. His walk rate has also increased by more than 2.5 percent since his rookie campaign. Compared to last year, Bryant is down in HR and RBI, but his average is the same, his on-base percentage is markedly better, and his slugging percentage is only down by a minute amount.