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.
Mar 3, 2015, 1:34 PM EST
Also: there is baseball — honest to goodness baseball — on TV right now.
Mar 3, 2015, 12:30 PM EST
As a man who knows from hanging around in loungewear all day, I can tell you: this is cool.
Mar 3, 2015, 12:06 PM EST
Not exactly a ringing endorsement, but whatever.
Mar 3, 2015, 11:32 AM EST
Will he be the same Tanaka this spring?
Mar 3, 2015, 11:03 AM EST
The million a year helped, but Chamberlain’s son provided the definitive push back to Detroit.
Mar 3, 2015, 10:48 AM EST
Mets general manager Sandy Alderson was asked about a Dillon Gee trade rumor that made the internet rounds Monday night.
Mar 3, 2015, 10:30 AM EST
Which would be a little ahead of schedule.
Mar 3, 2015, 10:10 AM EST
Dozier is making the minimum salary for this season and would then be under team control via arbitration for 2016-2018.
Mar 3, 2015, 10:00 AM EST
The Daily News is gonna Daily News
Mar 3, 2015, 9:30 AM EST
Against the Nationals, on the road.
Mar 3, 2015, 9:00 AM EST
A nice history lesson from Jack Moore at The Hardball Times.
Mar 3, 2015, 8:30 AM EST
Reds fans may wonder why anyone would WANT to be like Votto, but everyone who doesn’t listen to Marty Brennaman knows that Votto is a pretty swell guy to emulate.
Mar 3, 2015, 7:08 AM EST
Twitter does a pretty bad job of policing threats of violence against women. Curt Schilling does a much, much better job.
Mar 2, 2015, 11:05 PM EST
Gwynn will function as insurance with Jayson Werth and Nate McLouth each rehabbing from shoulder surgery.
Mar 2, 2015, 10:01 PM EST
Mueller died at the age of 26 last month while in captivity in Syria.
Mar 2, 2015, 8:58 PM EST
The Mets cut back on defensive shifts with Wheeler on the mound last season because of his concerns.
Mar 2, 2015, 7:45 PM EST
Some key players are making some encouraging strides on the health front.
Mar 2, 2015, 6:29 PM EST
After facing a pitching machine during an intrasquad game today, Alex Rodriguez is ready for his first real-live game action since September of 2013.
Mar 2, 2015, 5:12 PM EST
Seems a bit light as far as these things go.
Mar 2, 2015, 4:26 PM EST
Trammell and Whitaker in Detroit? Carter and Hernandez with the Mets?
- Blue Jays sign Dayan Viciedo to a minor league deal 8
- Chris Sale will be sidelined for three weeks with foot fracture 11
- Aramis Ramirez says 2015 will be his last year 32
- Francisco Rodriguez re-signs with the Brewers 9
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended 305
- Pirates open to massive extension for Andrew McCutchen 18
- Report: Josh Hamilton had a relapse this offseason that “involved at least cocaine” 86
- Yankees don’t plan on having to pay A-Rod’s $30 million in home run milestone bonuses 52
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended (305)
- San Francisco — and all of California — will consider a smokeless tobacco ban that includes MLB parks (131)
- Curt Schilling lowers the boom on some men tweeting threats against his daughter (110)
- Brian Sabean says that California taxes are a hindrance to the Giants signing free agents (102)
- Ichiro is happy to be away from Joe Girardi (88)