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.

Keith Law: The Braves have the best farm system. Who has the worst?

PHOENIX, AZ - APRIL 06:  General manager Dave Stewart of the Arizona Diamondbacks laughs on the field before the Opening Day MLB game against the San Francisco Giants at Chase Field on April 6, 2015 in Phoenix, Arizona.  (Photo by Christian Petersen/Getty Images)
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Why is this man smiling? Man, I wouldn’t be smiling if I read what I just read.

This is the week when ESPN’s Keith Law releases his prospect and farm system rankings. He kicks off his content this week with a top-to-bottom ranking of all 30 farm systems. As a rule he limits his analysis to players who are currently in the minors and who have not yet exhausted their rookie of the year eligibility.

For the second straight year, Law ranks the Braves as the best system in baseball. Number two — making a big leap from last year’s number 13 ranking – is the New York Yankees. Dead last: the Arizona Diamondbacks, which Law says “Dave Stewart ritually disemboweled” over the past two years. That’s gotta hurt.

If you want to know the reasons and the rankings of everyone in between you’ll have to get an ESPN Insider subscription. Sorry, I know everyone hates to pay for content on the Internet, but Keith and others who do this kind of work put a lot of damn work into it and this is what pays their bills. I typically don’t like to pay for content myself, but I do pay for an ESPN Insider subscription. It’s worth it for Law’s work alone.

The Blue Jays will . . . not be blue some days next year

blue jays logo
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The Toronto Blue Jays, like a lot of teams, will wear an alternate jersey next year. It’ll be for Sunday home games. They call it their “Canadiana,” uniforms. Which, hey, let’s hear it for national pride.

(question to Canada: my grandmother and my three of my four maternal great-grandparents were Canadian. Does that give me any rights to emigrate? You know, just in case? No reason for asking that today. Just curious!).

Anyway, these are the uniforms:

More like RED Jays, am I right?

OK, I am not going to leave this country. I’m going to stay here and fight for what’s right: a Major League Baseball-wide ban on all red alternate jerseys for anyone except the Cincinnati Reds, who make theirs work somehow. All of the rest of them look terrible.

Oh, Canada indeed.