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.

Cavaliers will move ring ceremony to avoid conflict with World Series start

CLEVELAND, OH - JULY 11: A general exterior image of the Quicken Loans arena which is next door to Progressive Field where the Chicago White Sox will take on the Cleveland Indians on July 11, 2014 in Cleveland, Ohio. (Photo by Jason Miller/Getty Images)
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In a show of good sportsmanship, the Cleveland Cavaliers have moved their championship ring ceremony start time back to 7 PM EDT to avoid conflicting with the start of the World Series opener on Tuesday. The Indians are set to host Game 1 at Progressive Field on October 25, while the Cavs will open the 2016-17 NBA season against the New York Knicks at the nearby Quicken Loans Arena, preceded by a ceremony recognizing their first franchise title.

In the event that the Indians clinch a World Series title, it’ll be the first time Cleveland has seen two championships in the same calendar year since 1948, when the Indians’ last Series title came on the back of the Cleveland Browns’ All-American Football Conference championship against the Buffalo Bills. The same was true for the Dodgers in 1988, when their World Series win against the Athletics coincided with the Los Angeles Lakers’ 11th championship, while Chicago has yet to see a multi-title year among their NBA, NHL, NFL, and MLB franchises.

Regardless of the Series’ outcome, Cleveland fans will get the chance to revel in one long-awaited championship win on Tuesday before watching the beginning of a nail-biting conclusion to another long-awaited playoff run. The Cavaliers are scheduled for 7 PM EDT on October 25, while the Indians will take the field at 8 PM EDT.

Indians could benefit from long rest before the World Series

MINNEAPOLIS, MN - SEPTEMBER 09: Danny Salazar #31 of the Cleveland Indians delivers a pitch against the Minnesota Twins during the first inning of the game on September 9, 2016 at Target Field in Minneapolis, Minnesota. (Photo by Hannah Foslien/Getty Images)
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If any team can turn a six-day rest period into an advantage, it’s the Indians. The club polished off their pennant race with another injured starter and an overtaxed bullpen, as Trevor Bauer exited in Game 3 of the ALCS with a laceration on his right pinky finger, leaving the bullpen to shoulder 16 innings through the last three games of the series. On Friday,’s Jordan Bastian reported that injured starter Danny Salazar could rejoin the rotation in the World Series, though he’ll need at least one more simulated game before Terry Francona determines whether or not he’s fit to return for the team’s last postseason push.

Bauer, who has been under the close watch of hand specialist Dr. Thomas Graham, told the press that he feels confident that he’ll be ready for a World Series start when the final showdown commences on Tuesday. Keeping the wound bandaged is not an option during games, and Bauer said that Dr. Graham decided against additional stitches to keep the laceration from re-opening. Instead, they’re banking on extra days of rest to heal the cut naturally. Should Francona pencil the right-hander into the lineup for Game 3 or 4, he’ll have had 10-11 days to rest his finger between starts — just a hair under the seven games Bauer said he was prepared to pitch.

Salazar, too, has been preparing for a World Series showdown. He’s scheduled to pitch three innings of a simulated game this weekend, and if it goes well, it could land him a spot in the starting rotation alongside Bauer, Corey Kluber, Josh Tomlin, and newcomer Ryan Merritt. Salazar has been sidelined since September 9 with a right forearm strain, and even after undergoing a rigorous throwing program over the last several weeks, any kind of comeback is expected to be curbed by a strict innings limit. Francona has been understandably tight-lipped about his World Series roster, but he hasn’t yet nixed the idea of utilizing Salazar out of the rotation, provided the right-hander remains healthy for another week or so.

The Indians have had to remain flexible throughout their seven-game playoff run after weathering injuries to Corey Kluber and Trevor Bauer, pushing their rotation through several games on short rest and relying heavily on Andrew Miller and Cody Allen‘s one-two punch in the ‘pen to clinch more than a few postseason victories. While history doesn’t always favor the first team to secure their league’s pennant race, an extra week of rest should only benefit Cleveland’s beleaguered pitching staff.