The Mets have another heavy lawsuit on their hands

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It was nearly four years ago when I first heard the name Ellen Massey. She’s the plaintiff in a lawsuit against the Mets that, while not as sexy as the Madoff stuff, has its own special appeal: On Opening Day, 2007, Massey was fallen on by a 300-pound man who came hurtling out of his seat in her direction, breaking her vertebrae. Massey says the fat guy was drunk and that the Mets are liable because they continued to serve him despite his obvious intoxication.

My take when I first heard about this case — a mere month after I began blogging back at Shysterball — was that Massey had a theoretically a valid claim: ballpark serves an obviously intoxicated man who later causes injury. The problem, though, was that it would be really hard to actually marshal any evidence.  The falling fat guy’s identity was unknown at the time and it wasn’t at all clear how he could be discovered. And it would likely be difficult to prove that he was intoxicated given that he left the park and there was no police report or anything.  I figured it was deadsville.

Yet, despite all of my skepticism, the case is going to trial, reports the New York Post.  Over the past four years Ms. Massey has learned the fat guy’s identity — Timothy Cassidy — and got the depositions of multiple witnesses speaking to his behavior prior to the incident. That’s enough to get her past the summary judgment stage and now she gets to take the Mets to trial.

If I represented the Mets, I’d rather be handling that case than the Madoff case. I always enjoyed the stuff with actual humanity much better than document-intensive financial cases. And there isn’t much more humanity than a 300 pound drunk guy falling on people in Shea Stadium on Opening Day.

Jones, Maddux, Morris consider Bonds, Clemens for Hall

USA TODAY Sports
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COOPERSTOWN, N.Y. — Hall of Famers Chipper Jones, Greg Maddux, Jack Morris and Ryne Sandberg are among 16 members of the contemporary baseball era committee that will meet to consider the Cooperstown fate of an eight-man ballot that includes Barry Bonds, Roger Clemens and Rafael Palmeiro.

Hall of Famers Lee Smith, Frank Thomas and Alan Trammell also are on the panel, which will meet in San Diego ahead of the winter meetings.

They will be joined by former Toronto CEO Paul Beeston, former Boston Red Sox and Chicago Cubs executive Theo Epstein, Anaheim Angels owner Arte Moreno, Miami Marlins general manager Kim Ng, Minnesota Twins president Dave St. Peter and Chicago White Sox executive vice president Ken Williams.

Three media members/historians are on the committee: longtime statistical analyst Steve Hirdt of Stats Perform, La Velle E. Neal III of the Minneapolis Star Tribune and Susan Slusser of the San Francisco Chronicle. Neal and Slusser are past presidents of the Baseball Writers’ Association of America.

Hall Chairman Jane Forbes Clark will be the committee’s non-voting chair.

The ballot also includes Albert Belle, Don Mattingly, Fred McGriff, Dale Murphy and Curt Schilling. The committee considers candidates whose careers were primarily from 1980 on. A candidate needs 75% to be elected and anyone who does will be inducted on July 23, along with anyone chosen in the BBWAA vote, announced on Jan. 24.

Bonds, Clemens and Schilling fell short in January in their 10th and final appearances on the BBWAA ballot. Bonds received 260 of 394 votes (66%), Clemens 257 (65.2%) and Schilling 231 (58.6%).

Palmeiro was dropped from the BBWAA ballot after receiving 25 votes (4.4%) in his fourth appearance in 2014, falling below the 5% minimum needed to stay on. His high was 72 votes (12.6%) in 2012.

Bonds denied knowingly using performance-enhancing drugs and Clemens maintains he never used PEDs. Palmeiro was suspended for 10 days in August 2005 following a positive test under the major league drug program, just over two weeks after getting his 3,000th hit.

A seven-time NL MVP, Bonds set the career home run record with 762 and the season record with 73 in 2001. A seven-time Cy Young Award winner, Clemens went 354-184 with a 3.12 ERA and 4,672 strikeouts, third behind Nolan Ryan (5,714) and Randy Johnson (4,875). Palmeiro had 3,020 hits and 568 homers.

Schilling fell 16 votes shy with 285 (71.1%) in 2021. Support dropped after hateful remarks he made in retirement toward Muslims, transgender people, reporters and others.

McGriff got 169 votes (39.8%) in his final year on the BBWAA ballot in 2019. Murphy was on the BBWAA ballot 15 times and received a high of 116 votes (23.2%) in 2000. Mattingly received a high of 145 votes (28.2%) in the first of 15 appearances on the BBWAA ballot in 2001, and Belle appeared on two BBWAA ballots, receiving 40 votes (7.7%) in 2006 and 19 (3.5%) in 2007.

Players on Major League Baseball’s ineligible list cannot be considered, a rule that excludes Pete Rose.

This year’s BBWAA ballot includes Carlos Beltran, John Lackey and Jered Weaver among 14 newcomers and Scott Rolen, Todd Helton and Billy Wagner among holdovers.