Litigation over a falling fat guy at Shea Stadium enters year four

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The New York Post reports today
on a lawsuit filed against the Mets by a woman named Ellen Massey who,
in 2007 was more or less crushed by a fat guy who came hurtling out of
his seat in her direction, breaking her vertebrae. Massey says the fat
guy was drunk. The fat guy said he was pushed. No word on whether Roger
McDowell has been subpoenaed yet.

My interest in this case is more one of personal blogging history, as it led to one of my first blog posts over at ShysterBall back in May of 2007
when it first arose.  My take on it then echoes the rule we were taught
over and over in law school:  if you’re going to sue a ballclub and the
beer vendor for overserving a fat guy who later falls on you and breaks
your back, you’d better be able to prove he wasn’t fit to be served in
the first place. It’s hornbook law, as they say.

By all accounts, Ms. Massey didn’t identify the falling fatty until
well after the event (back in 2007 it was still a John Doe complaint)
and if she didn’t know who he was at the time, I have no idea who she’s
supposed to establish that he was drunk and overserved at the time. And
that’s really the only basis for the Mets to have liability here.  I
mean sure, the fat guy or his shovey friend could get sued
individually, but they’re not big and rich like the Mets are, so why
would any self-respecting plaintiff’s lawyers sue them?

But I think the best thing about the Post story is the way they portray one
of the Mets’ defenses — a boilerplate contributory negligence
allegation — as the kind of thing only a souless and heartless
victim-blaming monster could concoct. It’s a standard defense guys.
Lighten up, smarten up or stick to the wedding announcement business.

(thanks to Jason at IIATMS for the heads up)

Video: J.D. Martinez hits league-tying 23rd home run

Seattle Mariners v Boston Red Sox
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The Red Sox and Mariners left nothing on the table Friday night, going head-to-head in a series opener that eventually ended 14-10 in the Sox’ favor. Led by Steven Wright and Wade LeBlanc — neither of whom made it past the fifth inning — the teams combined for 34 hits and four home runs, including two moonshots from Seattle’s Nelson Cruz and a five-run rally that gave Boston the edge in the seventh.

In the sixth inning, however, the Red Sox were still scrambling to make up a four-run deficit. Left fielder J.D. Martinez cut it in half with one swing, pouncing on an 89.5-mph fastball from Seattle right-hander Nick Vincent and posting it to dead center field for a two-run shot.

The 427-foot blast was Martinez’s 23rd of the season, tying Mike Trout for the most home runs in the league this year. While he still has a ways to go before eclipsing the career-best 45-HR mark he set in 2017, he’s off to a strong start this season: Entering Friday’s game, the 30-year-old slugger was batting .315/.386/.623 with a 1.009 OPS and AL-leading 55 RBI in 308 PA. He finished Friday’s game 4-for-5 with five RBI, just one triple shy of hitting for the cycle.

Heading into the All-Star Break, both Martinez and Trout still have some competition for the home run title. Jose Ramirez is sitting at 22 homers, while Nelson Cruz and Khris Davis are tied at 20 apiece.