Jan 11, 2010, 2:25 PM EST
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)
- Giants acquire Casey McGehee from the Marlins 10
- The Padres have given their fans something to talk about. Which is badly needed in San Diego. 55
- Justin Upton traded to the Padres for three prospects 79
- Bud Selig will get a $6 million a year pension. Which is obscene. 139
- Jake Peavy agrees to a two-year, $24 million deal to stay with the San Francisco Giants 24
- Matt Kemp has officially been traded to the Padres 29
- Padres acquire catcher Derek Norris from Athletics 37
- St. Petersburg City Council votes down deal to allow Rays to look for new stadium site 90
- The United States will seek to normalize relations with Cuba (144)
- Bud Selig will get a $6 million a year pension. Which is obscene. (139)
- Cubs, Red Sox, Dodgers, Padres, Rangers, and Astros interested in Phillies’ Cole Hamels (111)
- Rays, Padres, Nationals agree to 11-player trade (97)
- Chase Headley signs a four-year deal with the Yankees worth at least $52 million. (95)