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.
Sep 20, 2014, 8:35 PM EDT
Mark Teixeira’s wrist injury flared up again, forcing him out of Saturday’s game against the Blue Jays in the fifth inning.
Sep 20, 2014, 7:45 PM EDT
Josh Hamilton has received a lot of pain-killing injections lately, as the veteran has battled shoulder and rib cage problems over the last two weeks.
Sep 20, 2014, 6:55 PM EDT
Jason Kipnis is listed as day-to-day with a sore right hamstring.
Sep 20, 2014, 6:05 PM EDT
Glen Perkins tried to tough out an injury and it didn’t go so well, but he seems to have learned his lesson.
Sep 20, 2014, 5:20 PM EDT
This was a day of missed opportunities for the Royals.
Sep 20, 2014, 4:24 PM EDT
Zimmerman has been sidelined since July 22 due to a Grade 3 strain of his right hamstring.
Sep 20, 2014, 3:26 PM EDT
The Braves have wilted down the stretch and it appears that some changes could be in store for their front office following the season.
Sep 20, 2014, 2:29 PM EDT
With Derek Jeter’s career coming to an end, the Yankees will open the gates early next week for their final home series of the season.
Sep 20, 2014, 1:50 PM EDT
Hudson has a 9.92 ERA over four starts this month.
Sep 20, 2014, 1:01 PM EDT
Twins right-hander Phil Hughes has thrived with a change of scenery this season and he could finish the year with a place in MLB history.
Sep 20, 2014, 12:16 PM EDT
Tanaka has been out since July 8 with a partially torn ulnar collateral ligament in his right elbow, but he’ll make his return Sunday against the Blue Jays.
Sep 20, 2014, 11:29 AM EDT
I’m going to guess that the little girl is suffering from Jeter fatigue.
Sep 20, 2014, 10:49 AM EDT
John Lackey had his most recent turn in the Cardinals’ rotation skipped due to a “dead arm,” but he was impressive in his return last night.
Sep 20, 2014, 10:09 AM EDT
Michael Cuddyer has had a really tough time staying healthy this season, but the impending free agent is making up for lost time right now.
Sep 20, 2014, 9:31 AM EDT
A fan sacrificed his popcorn to catch a home run ball last night at Turner Field.
Sep 20, 2014, 8:57 AM EDT
A quick recap of a busy Friday around MLB, including the A’s getting back in the win column.
Sep 19, 2014, 11:45 PM EDT
A Phillies pitching prospect violated the minor league drug policy and was suspended 50 games, beginning at the start of the 2015 season.
Sep 19, 2014, 11:05 PM EDT
Russell Martin hit a timely three-run home run to send the Pirates to a late win over the Brewers on Friday night, extending their lead for the second NL Wild Card slot.
Sep 19, 2014, 10:40 PM EDT
David Ortiz found yet another reason to hear his name uttered in the same breath as Ted Williams.
Sep 19, 2014, 9:55 PM EDT
Jacoby Ellsbury suffered a strained right hamstring in the fourth inning on Friday night against the Blue Jays. He’ll undergo an MRI to determine the severity of the injury.
- Tigers hang on for second straight win against Royals 2
- Phil Hughes could finish the season with the best K/BB ratio in MLB history 10
- Settling the Score: Friday’s results 25
- Clayton Kershaw wins his 20th game of the season 11
- Why are so many people acting like Bryce Harper is a bum? 80
- It certainly looks like Barry Bonds’ criminal conviction is going to be overturned 92
- And That Happened: Thursday’s scores and highlights 72
- VIDEO: Derek Jeter hits first home run at Yankee Stadium this season 11
- Geddy Lee’s baseball obsession makes it really hard for me to hate Rush (110)
- Ron Washington claims he resigned because he cheated on his wife (103)
- It certainly looks like Barry Bonds’ criminal conviction is going to be overturned (92)
- And That Happened: Tuesday’s scores and highlights (83)
- Umpire ejects jackwagon fan heckling Bryce Harper in Atlanta last night (82)