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.

Marlins defeat the Mets, then pay their respects to Jose Fernandez on the pitcher’s mound

MIAMI, FL - SEPTEMBER 26: Miami Marlins players all wearing jerseys bearing the number 16 and name Fernandez honor the late Jose Fernandez before the game against the New York Mets at Marlins Park on September 26, 2016 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
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The Marlins were somehow able to muster up the strength not only to play Monday night’s game against the Mets, but also win it convincingly one day after losing Jose Fernandez in a tragic boating accident. The Marlins and Mets helped pay tribute to Fernandez prior to the start of the game as outlined here.

When the game started, the Marlins came out of the gate with a bang. Dee Gordon homered in his first at-bat, then the club hung a four-spot in the second inning. They tacked on two more in the third inning to chase starter Bartolo Colon and take a commanding 7-0 lead. The Mets chipped away for two runs in the fifth on an Asdrubal Cabrera two-run homer and tacked on one more in the eighth, but ultimately fell short by a 7-3 margin.

Gordon finished 4-for-5 with the homer and two RBI. Justin Bour went 3-for-3 with a single, double, triple, and a walk along with an RBI and two runs scored.

A.J. Ramos, who closed out the win, placed the ball on the pitcher’s mound for Fernandez. The Marlins huddled around the mound and said a prayer. The players huddled closer to the rubber on the mound, then left their hats behind as they retreated to the clubhouse as fans at Marlins Park chanted, “Jose, Jose, Jose.”

In a post-game interview, Gordon called his first-inning home run “the best moment of my life,” as NBC 6 Sports reports.

Indians defeat Tigers, clinch AL Central for first division title since 2007

CLEVELAND, OH - SEPTEMBER 7: Roberto Perez #55 of the Cleveland Indians hits an RBI single during the second inning against the Houston Astros at Progressive Field on September 7, 2016 in Cleveland, Ohio. (Photo by Jason Miller/Getty Images)
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The Indians beat the Tigers 7-4 at Comerica Park on Monday night, clinching the AL Central for their first division title since 2007. Starter Corey Kluber lasted only four innings before exiting with right groin tightness, but the Indians were able to overcome the adversity.

Coco Crisp gave the Indians their first two runs with a two-run home run in the second inning off of starter Buck Farmer. The Tigers would promptly tie the game on a two-run homer by J.D. Martinez in the bottom half of the inning.

In the fifth, an RBI double by Jason Kipnis and a sacrifice fly by Mike Napoli put the Tribe back on top 4-2. The Tigers answered once again with a Miguel Cabrera RBI single in the bottom half to make it 4-3.

Roberto Perez homered for the Indians in the top of the top of the seventh, and Cabrera answered with another RBI single in the bottom half to keep it within one run at 5-4.

The Indians tacked on another insurance run in the eighth on three consecutive two-out singles by Crisp, Rajai Davis, and Perez. Carlos Santana then hit what should have been the final out of the eighth inning, but J.D. Martinez botched the catch, allowing the Indians’ seventh run to score.

Cody Allen shut the Tigers down in the bottom of the ninth, protecting the 7-4 lead for his 30th save of the season.

The last time the Indians won the AL Central, their starting lineup featured a 28-year-old Victor Martinez, a 25-year-old Jhonny Peralta, a 24-year-old Grady Sizemore, and a 26-year-old CC Sabathia. It’s been a long time.

The American League playoff picture still isn’t set yet, so the Indians will be intently watching the final week of the season to see who will be their playoff opponent.