Bryan Stow

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

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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.

New Jersey woman files suit against the Brewers after being struck by a batting practice foul ball

PHILADELPHIA, PENNSYLVANIA - APRIL 11: New protective netting now protects lower deck fans from dugout to dugout at Citizens Bank Park before an opening day game between the San Diego Padres and Philadelphia Phillies on April 11, 2016 in Philadelphia, Pennsylvania. (Photo by Rich Schultz/Getty Images)
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A woman from Camden County in New Jersey has filed suit against the Milwaukee Brewers after being struck by a foul ball during batting practice two years ago at Miller Park, Jeff Goldman of NJ.com reports. According to her lawsuit, she suffered an orbital fracture to her left eye socket, nerve and iris damage, and a concussion.

The woman, Dana Morelli, was in the second row behind third base along with her fiancee and his son when she was struck by the foul ball. She had to remain in a dark room in Milwaukee before being able to safely travel home. (Sensitivity to light is a common symptom of a concussion.)

Fan safety has become a hot button topic recently. This past December, Major League Baseball issued safety recommendations but ultimately left it up to each ballpark to decide by how much to extend the netting.

Earlier this month, Phillies infielder Freddy Galvis fouled off a pitch that struck a fan. After the game, he clamored for the Phillies to increase protective netting at Citizens Bank Park to extend to the seats behind the dugout, where the fan was hit. Another fan was hit the next day and Galvis threw up his hands in frustration. While fans and owners seem to mostly be against netting, the players seem to be for it.

Mike Leake placed on the disabled list with shingles

Mike Leake
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The Cardinals have placed starter Mike Leake on the 15-day disabled list, retroactive to August 22, with shingles. Which: ugh. Anyone I’ve ever known who has had it wouldn’t wish it on their worst enemy.

Leake was diagnosed with the virus last week and had to be scratched from his scheduled start Saturday versus the Athletics. There is no timetable for Leake’s return. Leake is 9-9 with a 4.56 ERA in 25 starts for the Cardinals. Poor dude.