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.

David Ortiz had the Rays cancel his pregame ceremony out of respect for Jose Fernandez

ST. PETERSBURG, FL - SEPTEMBER 23:  David Ortiz #34 of the Boston Red Sox salutes a fan before his turn at bat during the first inning of their game with the Tampa Bay Rays at Tropicana Field on September 23, 2016 in St. Petersburg, Florida. (Photo by Joseph Garnett Jr. /Getty Images)
Joseph Garnett Jr. /Getty Images
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The Rays were set to honor retiring Red Sox DH David Ortiz with a ceremony prior to Sunday’s game, but as Pete Abraham of The Boston Globe reports, the slugger requested it be canceled out of respect for Marlins pitcher Jose Fernandez, who tragically died early Sunday morning in a boating accident.

Ortiz was seen tearing up as the Rays remembered Fernandez and held a moment of silence:

Kudos to Ortiz for doing the right thing.

Curtis Granderson is close to making history

NEW YORK, NEW YORK - SEPTEMBER 22:  Curtis Granderson #3 of the New York Mets connects on a three-run home run in the second inning against the Philadelphia Phillies at Citi Field on September 22, 2016 in the Flushing neighborhood of the Queens borough of New York City.  (Photo by Mike Stobe/Getty Images)
Mike Stobe/Getty Images
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With a fourth-inning solo home run off of Phillies starter Jake Thompson, Mets outfielder Curtis Granderson reached the 30-homer plateau for the fourth time in his 13-year career. It’s a moment worth celebrating, only there’s one problem: he has just 56 RBI on the season.

There are many reasons for the low RBI total. 24 of Granderson’s 30 homers have come with the bases empty. He came into Sunday’s action hitting just .140 in 124 plate appearances with runners in scoring position and .197 with runners on base. He has hit leadoff for most of the season, meaning he’s had the Mets’ pitchers hitting “ahead” of him in the No. 9 slot as well as the Mets’ catchers typically hitting eighth. Mets catchers, collectively, have a .296 on-base percentage, the second-worst mark in the National League.

Since the end of August, Granderson has hit cleanup with Jose Reyes, Asdrubal Cabrera, and Yoenis Cespedes hitting in front of him. That change hasn’t been for naught, as he has 17 RBI in 21 games since.

Still, Granderson is on pace for the fewest RBI in a 30-homer season. Rob Deer and Felix Mantilla are tied for the record with 64 RBI. Deer (32 HR) accomplished the feat in 1992 with the Tigers and Mantilla (30 HR) in 1964 with the Red Sox. Only eight players have had 70 or fewer RBI in a 30-homer season. Evan Gattis is currently sitting on 30 homers with 68 RBI.