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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.

Playoff Reset: Four games in one day!

Cole Hamels
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Oh baby.

There’s baseball from noon to midnight today, with a pair of Game 2s in the American League and a pair of Game 1s in the National League.

Tons of great starting pitchers–including the best in the world and a trio of big-name trade deadline acquisitions–and we’ll find out if a home team can actually win a game after starting the playoffs 0-4.

The Game: Texas Rangers vs. Toronto Blue Jays
The Time: 12:45 PM Eastern
The Place: Rogers Centre, Toronto
The Channel: MLB Network
The Starters: Cole Hamels vs. Marcus Stroman
The Upshot: Stroman coming back from what was deemed a season-ending knee injury in spring training to start Game 2 of the ALDS is a helluva story and the Blue Jays need him to come up big after David Price failed to do his part in Game 1. Yovani Gallardo somehow wriggled out of trouble against Toronto’s scary lineup, but as a left-hander Hamels has an even tougher assignment versus the never-ending right-handed power. Assuming it’s all in the lineup, of course. There are big health question marks for both sides, as Adrian Beltre, Josh Donaldson, and Jose Bautista all exited Game 1 with injuries and their respective statuses could swing the balance of power in the series.

The Game: Houston Astros vs. Kansas City Royals
The Time: 3:45 PM Eastern
The Place: Kauffman Stadium, Kansas City
The Channel: FOX Sports 1
The Starters: Scott Kazmir vs. Johnny Cueto
The Upshot: Two headline-grabbing trade deadline pickups with a lot to prove, as Kazmir and Cueto both struggled for their new teams. Cueto was bumped back to Game 2 after being acquired to front the Royals’ rotation and there was some speculation that Kazmir might not even have a spot in the ALDS rotation. Kansas City losing Game 1 last night and Houston having Dallas Keuchel waiting in the wings for Game 3 puts a ton of pressure on Cueto’s shoulders. Generally one of the toughest pitchers to homer against, he allowed 10 homers in 13 starts for the Royals and the Astros’ power-packed lineup will put him to the test all afternoon. Can the defending AL champs get off the mat quickly or will they head to Houston in need of a win to keep the season alive?

The Game: Chicago Cubs vs. St. Louis Cardinals
The Time: 6:45 PM Eastern
The Place: Busch Stadium, St. Louis
The Channel: TBS
The Starters: Jon Lester vs. John Lackey
The Upshot: Former Red Sox teammates Lester and Lackey square off in Game 1 of the first ever playoff series between two of the biggest rivals in baseball, with the Cubs fresh off their Wild Card game triumph over the Pirates and the Cardinals coming off an MLB-high 100 wins. Yadier Molina‘s ability to play through a thumb injury will be key for the Cardinals and it’ll also be interesting to see how much faith manager Mike Matheny has in Adam Wainwright to get late-inning outs as a reliever after returning from a torn Achilles’ tendon.

The Game: New York Mets vs. Los Angeles Dodgers
The Time: 9:45 PM Eastern
The Place: Dodger Stadium, Los Angeles
The Channel: TBS
The Starters: Jacob deGrom vs. Clayton Kershaw
The Upshot: Quite a way to finish an entire day of baseball, as the Mets go looking for their first playoff win since 2006 and Kershaw tries to cement his legacy as an all-time great by dominating in the playoffs like he does in the regular season. And don’t overlook deGrom, because last year’s Rookie of the Year winner has a 2.61 ERA and 349 strikeouts in 331 innings since debuting last May. Among all starters with at least 300 innings during the past two seasons Kershaw ranks first in ERA and deGrom ranks fourth, with Jake Arrieta and Zack Greinke in the 2-3 slots. This is a speculator pitching matchup.

Maybe Alcides Escobar shouldn’t bat leadoff

Alcides Escobar

Alcides Escobar finished with a .292 OBP this year. He came in at .246 in 117 at-bats in August and .257 in 109 at-bats between September and October, so he wasn’t exactly flying high entering the postseason. Still, that didn’t stop Ned Yost from putting him into the leadoff spot for Thursday’s Game 1 against the Astros.

Yost finally did reconsider hitting Escobar first in September. It took Alex Gordon‘s return to health, plus the previous addition of Ben Zobrist to the lineup, in order to make that happen. However, it didn’t stick. Escobar hit ninth in each of his starts from Sept. 7-26, batting .236 with a .276 OBP during that span. With five games left to go, he was suddenly returned to the leadoff spot. The Royals went on to win all five games. Yost saw it as a sign, even though Escobar went 5-for-22 with no walks in those games.

Escobar went 0-for-4 in Thursday’s loss to the Astros. He did not swing at the first pitch of the game, which probably explains the defeat.

It’s been difficult to argue with Yost since last year’s World Series run and this year’s incredible run out of the game. The blind spot with Escobar, though, gets rather infuriating. One can defend hitting him leadoff against the Astros’ lefties. His career OBP against southpaws is .319 (.316 this year). Against righties, he’s the most obvious No. 9 hitter alive, with a career .258/.290/.342 line (.252/.284/.314 this year). He’s not a pace-setter. He’s not a spark plug. He’s a liability.

Astros top Royals in Game 1 of ALDS

Houston Astros' Jose Altuve, left, celebrates with teammate Luis Valbuena after scoring a run during the first inning in Game 1 of baseball's American League Division Series against the Kansas City Royals, Thursday, Oct. 8, 2015, in Kansas City. (AP Photo/Orlin Wagner)

After shutting out the Yankees in the AL Wild Card game on Tuesday, the Astros beat the Royals 5-2 in Game 1 of the ALDS on Thursday at Kauffman Stadium. Road teams are now 4-0 to begin the 2015 postseason.

The Astros grabbed an early 3-0 lead against Yordano Ventura through two innings. Chris Young took over for the Royals after a 47-minute rain delay and was very effective for the most part, allowing just a solo homer to George Springer over four innings while striking out seven batters. Colby Rasmus, who homered in the Wild Card game, took Ryan Madson deep in the eighth inning to give the Astros’ bullpen some extra breathing room.

Collin McHugh stayed in after the rain delay and ended up tossing six innings while allowing just four hits and one walk. Kendrys Morales did all the damage against him with a pair of solo homers. He’s the first Royals player to hit two home runs in a postseason game since George Brett in the 1985 ALCS.

The Royals’ offense showed some signs of life in the bottom of the eighth inning with back-to-back two-out hits against Will Harris, but Oliver Perez got Eric Hosmer to foul out to end the threat. Luke Gregerson tossed a scoreless ninth inning to finish off the victory.

Consistent with their identity during the regular season, the Astros won despite striking out 14 times. The same goes for the Royals, as they struck out just four times. Despite putting the ball into play more often, the Kansas City lineup wasn’t able to muster anything aside from the home runs by Morales.

Game 2 of the ALDS will begin Friday at 3:45 p.m. ET. Scott Kazmir will pitch for the Astros and Johnny Cueto will get the ball for the Royals.