Sep 12, 2011, 10:41 PM EDT
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.
Oct 21, 2014, 6:35 PM EDT
From Ben Nicholson-Smith of Sportsnet.ca comes word that left-handed pitcher Mike Zagurski has officially agreed to a contract with the Hiroshima Carp of Nippon Professional Baseball.
Oct 21, 2014, 5:20 PM EDT
Williams has pitched for seven different MLB teams in nine seasons, posting a combined 4.40 ERA in 891 career innings.
Oct 21, 2014, 4:16 PM EDT
That’s the same alignment the Royals used in the ALCS, when they swept the Orioles in four games.
Oct 21, 2014, 3:38 PM EDT
Madison Bumgarner vs. James Shields.
Oct 21, 2014, 2:30 PM EDT
Joe Posnanski looks at where they came from and just how dominant they’ve been.
Oct 21, 2014, 2:14 PM EDT
Zimmer came into this season as a top-25 prospect according to Baseball America and MLB.com.
Oct 21, 2014, 2:00 PM EDT
Now they just need a site. If you have a few hundred acres in the Palm Beach area, call Mark Lerner.
Oct 21, 2014, 1:47 PM EDT
Mark Appel had a weird season, as the former No. 1 overall pick was awful at Single-A with a 9.74 ERA in 12 starts and then made headlines over the weird quasi-controversy of him throwing a bullpen session in Houston.
Oct 21, 2014, 1:30 PM EDT
So drunk that today’s editorial says that the taxpayer subsidies to renovate the place several years ago are all worth it. Um, yeah.
Oct 21, 2014, 1:15 PM EDT
He replaces rookie Christian Colon.
Oct 21, 2014, 12:46 PM EDT
Breaking down tonight’s starters, the bullpens and the magic.
Oct 21, 2014, 11:53 AM EDT
I suppose she could parachute into the stadium and surprise us or something, but don’t count on it.
Oct 21, 2014, 10:59 AM EDT
Minor leaguers have filed a lawsuit against Major League Baseball alleging unfair labor practices. Here’s the story of one player who realized that there has to be a better way.
Oct 21, 2014, 9:29 AM EDT
If anyone tells you they know what’s going to happen in the next week they’re lying to you. But let’s try to break this thing down all the same.
Oct 21, 2014, 8:55 AM EDT
For the third time in five years, the Giants are in the World Series. For the third time in five years, someone tries to claim they’re there because they are some sort of anti-stats organization. Which is baloney.
Oct 21, 2014, 8:30 AM EDT
To be fair, a Colossal Dog probably tastes pretty good.
Oct 21, 2014, 6:42 AM EDT
After four days without baseball, the World Series finally kicks off. Wait, not, it begins. “Kicks off” is a football term and dumb football is the whole reason we had to wait four days for the World Series to start.
Oct 20, 2014, 11:01 PM EDT
The Cardinals expect that Wainwright will benefit from normal rest during the offseason.
Oct 20, 2014, 9:46 PM EDT
Molitor has been considered the favorite for the job and now he’s having another meeting with GM Terry Ryan.
Oct 20, 2014, 8:31 PM EDT
Choate posted a 4.50 ERA over 61 appearances this season, but he held left-handed batters to an .093/.205/.147 batting line.
- World Series, Game 1: Giants vs. Royals lineups 0
- HBT Daily: In which I waffle on my World Series pick 13
- Must-click link: surviving spring training on $0 a day 70
- Your Official HardballTalk World Series Preview 28
- World Series Reset: Game 1 — finally! — is tonight 31
- HBT Daily: How the Royals and Giants were built 4
- Two radio stations in San Francisco are refusing to play Lorde’s “Royals” during the World Series 40
- Royals tab James Shields, Yordano Ventura to start first two games of World Series 1
- So, if you’re not a fan of the Royals or Giants, who ya got? (120)
- Erroneous Narrative Alert: no, the Giants are not a “gritty,” anti-stats organization (114)
- Pedro Martinez has some opinions about who the new “face of baseball” is (107)
- “The Kansas City Royals Are the Future of Baseball” — someone actually said that. (93)
- Andrew Friedman leaving the Rays to take over as Dodgers President of Baseball Operations (83)