Sep 12, 2011, 10:41 PM EST
You always have to take a damage claim in a lawsuit with a grain of salt. Either they’re small because the plaintiff is simply alleging enough to meet a jurisdictional threshold for the particular court they’re in — claiming, say, “no less than $15,000″ to make it clear the suit doesn’t belong in small claims court — or else it’s comically large for the purposes of getting attention (“Plaintiff demands $7 billion for emotional distress following the willful and wanton destruction of his couch cushion fort by defendant”). The point is that the complaint in a lawsuit does not tie the plaintiff to a certain amount of damages.
But as the case progresses, the damages do have to be established with specificity. And proven, once the case has been reduced to judgment in favor of the plaintiff. To that end, there will be discovery, filings and other bits of info that reveal the damages case the plaintiffs plan to put on when the time comes.
That process is beginning in the Bryan Stow case against the Los Angeles Dodgers arising out of his near-fatal beating on Opening Day. The damage claim at the moment: $50 million.
That’s a lot of money. But Bryan Stow is in a really bad way. He’s had months of around-the-clock medical care in ICU or near-ICU conditions. He faces many more months if not years — and if not that, the rest of his life — in a similar situation. He’ll likely never work again. And that’s before you put a price on his pain, his suffering and that of his family. I could totally see a $50 million claim that isn’t off-the-charts crazy, even if such an amount is unlikely to be ultimately awarded (and even then, only if it’s found that the Dodgers are responsible).
Which — and pardon me if this comes off as insensitive — is a reminder of a nasty little truth they teach you back in law school. The lesson: in purely monetary terms, a defendant is better off if his negligence actually kills someone — preferably instantly — than if it merely severely maims them and/or kills them after some long period of time. Or, as my very colorful torts professor put it “if you run someone over in your car, look in the rear view mirror: if they’re moving around, back up and finish them off. Your insurance company will thank you.”
Yes, he was kidding, but the point was still illustrative: pain, suffering and a life cast into ruin is, at least in legal terms, far more costly than a life swiftly taken. There are practical reasons for this (e.g. the pain is compensible and a person who dies fast doesn’t have much of it) and reasons which involve legal tactics (e.g. a jury is often more moved by a video of a person in a hospital bed than they are by an out-of-sight, out-of-mind dead person). And while it may reveal a weird aspect of human psychology, the fact is that jurors are also more deeply affected by weeping caregiving wives of living persons who are incapacitated than they are by weeping widows.
Early this morning I mentioned my dark humor and bluntness when it comes to matters of tragedy. You can thank law school for a whole hell of a lot of that.
Nov 28, 2014, 11:30 PM EST
The Josh Donaldson trade puzzled his now ex-teammate Josh Reddick.
Nov 28, 2014, 10:34 PM EST
The A’s cleared some space on their roster following the Josh Donaldson trade by designating Kyle Blanks and Josh Lindblom for assignment.
Nov 28, 2014, 9:57 PM EST
Brett Lawrie and a couple of minor leaguers are headed to the Athletics in exchange for Josh Donaldson.
Nov 28, 2014, 8:44 PM EST
The Athletics are reportedly close to getting three or four players back in a trade involving starter Jeff Samardzija.
Nov 28, 2014, 8:15 PM EST
Marlins pitcher Aaron Crow, recently acquired from the Royals, could get a shot in the starting rotation.
Nov 28, 2014, 7:10 PM EST
Ross Detwiler had a frustrating 2014 season with the Nationals. It sounds like he wants a change of scenery, if possible.
Nov 28, 2014, 6:05 PM EST
The White Sox signed speedster Tony Campana to a minor league deal.
Nov 28, 2014, 4:42 PM EST
It’s one and done in the booth for the old lefty.
Nov 28, 2014, 1:00 PM EST
That is, if he makes the rotation.
Nov 28, 2014, 12:23 PM EST
Crow made the All-Star team as a rookie in 2011.
Nov 28, 2014, 12:00 PM EST
And he’d like you to tell him who’s a better option.
Nov 28, 2014, 11:00 AM EST
He’s reportedly uninjured, though details are scarce at the moment.
Nov 28, 2014, 10:47 AM EST
Barring some trades he’ll fill a middle relief role for the bullpen-rich Royals in 2015.
Nov 28, 2014, 10:15 AM EST
“Their interest in the lefty appears as much opportunistic as enthusiastic.”
Nov 28, 2014, 9:30 AM EST
It’s an artificial turf thing.
Nov 28, 2014, 8:15 AM EST
Won’t somebody think of A.J. Hinch’s children?
Nov 27, 2014, 9:20 PM EST
The AL Central seems to be particularly fond of free agent pitcher Justin Masterson.
Nov 27, 2014, 8:15 PM EST
The Padres have three worthy catchers and all of them are drawing trade interest.
Nov 27, 2014, 7:10 PM EST
Billy Butler, now with the Athletics, thanked Royals fans for an “amazing ride” in Kansas City.
Nov 27, 2014, 6:05 PM EST
A couple more options have appeared on the Marlins’ radar for an upgrade at first base.
- Blue Jays acquire Josh Donaldson in a trade with the Athletics 40
- Yasmany Tomas signs a six-year, $68.5 million deal with the Diamondbacks 87
- No, the Red Sox signing Pablo and Hanley is not proof that baseball needs a salary cap 164
- Red Sox announce four-year, $88 million deal with Hanley Ramirez, DFA Juan Francisco 35
- The Cubs have offered Jon Lester “north of $135 million” 68
- Pablo Sandoval’s deal: five years, $98 million plus an option 43
- Kyle Seager, Mariners close to $100 million extension 26
- The 2015 Hall of Fame ballot is out — Randy Johnson, Pedro Martinez are new on the ballot 286
- The 2015 Hall of Fame ballot is out — Randy Johnson, Pedro Martinez are new on the ballot (286)
- No, the Red Sox signing Pablo and Hanley is not proof that baseball needs a salary cap (164)
- More Hall of Fame ballots like Adam Rubin’s please (140)
- Report: Pablo Sandoval chose the Red Sox over the Giants because he felt disrespected (138)
- UPDATE: The Pablo Sandoval-Red Sox deal is done, pending a physical (133)