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.
Aug 27, 2014, 10:47 AM EDT
Right-hander Bryan Morris has been ridiculously good for the Marlins since they acquired him from the Pirates for a draft pick in June, posting a 0.48 ERA in 38 innings. But now he’s hurt.
Aug 27, 2014, 10:30 AM EDT
The Pirates need McCutchen more than any playoff contender needs any single player.
Aug 27, 2014, 10:15 AM EDT
With an $11 million salary for next season Mets right-hander Bartolo Colon is apparently out of the Angels’ price range as they try to upgrade the injury wrecked rotation, but Diamondbacks right-hander Trevor Cahill could be an option.
Aug 27, 2014, 9:46 AM EDT
A guy who has been snakebitten is on his way back to the Snakes.
Aug 27, 2014, 9:45 AM EDT
“That game was probably more impressive than a lot of no-hitters.”
Aug 27, 2014, 9:23 AM EDT
We may not have reached the bottom of the barrel yet, but man, we’re getting close.
Aug 27, 2014, 9:07 AM EDT
Hamels was removed from last night’s game before he wanted to be. And was all passive-aggressive about it in interviews afterward.
Aug 27, 2014, 8:32 AM EDT
There’s cool stuff going on in Kansas City right now. Maybe Ned Yost should focus on the cool stuff.
Aug 27, 2014, 7:09 AM EDT
I don’t believe in destiny. I don’t believe in fate. I’m even pretty skeptical about momentum and the hot hand. But these Royals are testing my beliefs.
Aug 27, 2014, 12:14 AM EDT
We interrupt this regular old Tuesday night to inform you that Giants left-hander Madison Bumgarner is working on a perfect game at San Francisco’s AT&T Park. He has not allowed a hit or a walk through seven innings and he’s thrown just 78 pitches despite striking out nine Colorado hitters. Updates to come.
Aug 26, 2014, 11:18 PM EDT
Cardinals catcher Yadier Molina took a round of batting practice on Tuesday night at Double-A Springfield and has been cleared to catch five or six innings there Wednesday in his first minor league rehab game.
Aug 26, 2014, 10:05 PM EDT
He didn’t cover very much ground before the dive, but A’s outfielder Jonny Gomes saved a couple of runs with this two-out grab in the bottom of the third inning Tuesday at Houston’s Minute Maid Park …
Aug 26, 2014, 9:23 PM EDT
Pirates center fielder Andrew McCutchen returned in just 15 days from an avulsion fracture in his left rib cage and had hit three home runs in six games since being activated from the disabled list. But he aggravated the injury on this catch against the outfield wall in the third inning Tuesday versus St. Louis …
Aug 26, 2014, 8:56 PM EDT
Joey Votto is finally beginning to make some progress in his recovery from a severe quad strain. According to MLB.com’s Mark Sheldon, the Reds first baseman began taking dry swings and throwing lightly on Tuesday afternoon.
Aug 26, 2014, 8:01 PM EDT
Watch as Cubs first baseman Anthony Rizzo reaches 30 home runs for the first time in his young career with this moonshot to the right-center field seats at Cincinnati’s Great American Ball Park …
Aug 26, 2014, 7:17 PM EDT
Cubs shortstop Starlin Castro flew home to the Dominican Republic last Wednesday following the death of his cousin and three close friends in a car wreck. He is back in the Cubs’ lineup Tuesday, having been activated from the bereavement list.
Aug 26, 2014, 6:32 PM EDT
From Blair Kerkhoff of the Kansas City Star comes word that Yordano Ventura has been scratched from his scheduled Wednesday start against the Twins due to stiffness around the middle of his back. Liam Hendriks will pitch in his place.
Aug 26, 2014, 5:50 PM EDT
Not so long ago Mariners general manager Jack Zduriencik was on the hot seat–and rightfully so, after four consecutive losing seasons–but then he broke the bank for Robinson Cano this offseason and now the Mariners are 71-59.
Aug 26, 2014, 5:35 PM EDT
Mark Cuban may have good reason not to like Bud Selig. But if he’s going to go after him, he should at least do so with facts, not fantasy.
Aug 26, 2014, 5:20 PM EDT
Recently there have been conflicting reports about the status of David Wright’s injured shoulder, but the Mets third baseman is out of the lineup tonight for the second straight game and admitted that he’s still hurting.
- And That Happened: Tuesday’s scores and highlights 32
- Andrew McCutchen departs game versus Cardinals after aggravating injured left rib cage 3
- Mariners extend general manager Jack Zduriencik’s contract 12
- Money, money, money (and Bud Selig’s nirvana) 14
- These days, the correlation between payroll and winning is historically weak 60
- And That Happened: Monday’s scores and highlights 49
- Report: Cubs calling up top prospect outfielder Jorge Soler 40
- Shin-Soo Choo to undergo season-ending bone spur surgery on elbow 13
- The Cubs grounds crew was short staffed because the Cubs were trying to avoid Obamacare (247)
- Forgiveness for Pete Rose? Not in this lifetime (142)
- Cuban outfielder Rusney Castillo to sign with the Red Sox for $72 million (96)
- A pitch clock in Major League Baseball? No thanks. (92)
- Even if he’s reinstated, does Pete Rose make the Hall of Fame? (89)