Jury finds the Dodgers partially negligent, awards $18 million to Bryan Stow

48 Comments

UPDATE: Apparently the allocation of damages is much more complicated than I first assumed. Specifics of California tort law and the old bankruptcy order governing the Dodgers’ liabilities at the time change the calculus here. So, while the $18 million verdict still represents the top that Stow can recover, the Dodgers may be on the hook for as much as $14 million of the jury award.

Wednesday, 5:03 PM: The jury verdict in the Bryan Stow civil case has just come in: the Dodgers were found to have been negligent on Opening Day 2011 when Bryan Stow was brutally beaten in the Dodger Stadium parking lot. The jury awarded $18 million in damages to Stow and his family.

However, the Dodgers will only have to pay a quarter of that $18 million, as they were only found to be 25% of the cause of Stow’s injuries. His attackers, Louie Sanchez and Marvin Norwood, were 75% responsible according to the verdict. Obviously Stow is highly unlikely to ever receive a dime from them as both of them are currently serving lengthy prison sentences.

Notably Frank McCourt, then the Dodgers owner, was not found negligent. McCourt’s not being held personally liable is consistent with the mainstream of premises liability and corporate law which, in the normal course, shields the owners of a company from liability even if the company itself is on the hook. Stow himself was not found contributorily negligent, meaning that the jury did not, contrary to the arguments of the Dodgers, believe that he was responsible for bringing on the attack which injured him. The jury likewise rejected Stow’s claim of punitive damages which means that they did not find that the Dodgers’ acted egregiously our outrageously in failing to provide adequate security at Dodger Stadium that day.

Stow’s expert witnesses estimated that he would need some $50 million in lifetime medical care due to the severity of his injuries. Now he stands to receive, at most, $4.5 million.

Or: between one and two percent of the Dodgers’ annual payroll.

Twins place Miguel Sano on the 10-day disabled list with shin injury

Denis Poroy/Getty Images
2 Comments

The Twins have placed third baseman Miguel Sano on the 10-day disabled list with a stress reaction in his left shin, per the Star Tribune’s LaVelle E. Neal. Sano left Saturday’s game against the Diamondbacks after running out a ground ball double play in the fourth inning and was held out of Sunday’s lineup.

Sano, 24, is batting .267/.356/.514 with 28 home runs and 77 RBI in 475 plate appearances this season. The Twins are five back of the Indians for first place in the AL Central and currently hold a tie with the Angels for the second Wild Card slot.

Ehire Adrianza got the start at third base during Sunday’s win and could handle the hot corner while Sano is out. Eduardo Escobar could also get some time at third.

Buster Posey thinks Hector Neris hit him on purpose

Lachlan Cunningham/Getty Images
11 Comments

Giants catcher Buster Posey was hit by a pitch in the bottom of the eighth inning during Sunday afternoon’s series finale against the Phillies. It was a first-pitch fastball from closer Hector Neris, who had just entered the game. The Giants then had the bases loaded, but Pablo Sandoval struck out to end the inning and the Giants went on to lose 5-2.

After the game, Posey said he thinks Neris hit him on purpose, per Henry Schulman of the San Francisco Chronicle. Posey thinks Neris thought he couldn’t get him out.

Per MLB.com’s Todd Zolecki, Neris said “absolutely not” when asked if he threw at Posey on purpose. The rest of the Phillies clubhouse, per Zolecki, “Say whaaat?!”

Here’s a link to the video of Posey getting hit. Now that we have automatic intentional walks, pitchers don’t even have to risk throwing four pitches wide of the strike zone to intentionally walk a hitter, so if Neris felt he couldn’t get Posey out, there was still no need to hit him. Furthermore, Neris isn’t going to hit Posey to load the bases and put the go-ahead run on first in a 4-2 ballgame. Sandoval has been a much worse hitter than Posey, for sure, but Neris would lose the platoon advantage if he felt like facing Sandoval instead, anyway.

Getting hit hurts, so it’s understandable Posey may have been salty in the moment. But after the game, when the pain has subsided and he’s had time to think over everything, there’s no way Posey should still come to the conclusion that Neris was trying to hit him on purpose.