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.
Jul 3, 2015, 1:00 PM EDT
And, someone, Tony La Russa placed in this thing.
Jul 3, 2015, 11:37 AM EDT
He changed his mind.
Jul 3, 2015, 10:01 AM EDT
“We’ll leave it at that.”
Jul 3, 2015, 9:11 AM EDT
He has a 2.56 ERA and a 72/31 K/BB ratio over 102 innings on the season.
Jul 3, 2015, 8:30 AM EDT
He wasn’t hit hard, but the Braves hit ’em where they weren’t.
Jul 3, 2015, 6:38 AM EDT
Scott Kazmir dominated the Mariners last night.
Jul 2, 2015, 11:28 PM EDT
League hasn’t pitched in the majors this season due to a shoulder injury.
Jul 2, 2015, 10:39 PM EDT
The Reds are expected to be sellers, but GM Walt Jocketty said Thursday that third baseman Todd Frazier isn’t going anywhere.
Jul 2, 2015, 9:23 PM EDT
After pitching into the seventh inning in his major league debut against the Rangers last Saturday, Blue Jays left-hander Matt Boyd failed to record an out in his start tonight against the Red Sox.
Jul 2, 2015, 8:26 PM EDT
Freeman hopes to return right after the All-Star break, but he acknowledges that it’s a “best-case scenario.”
Jul 2, 2015, 7:28 PM EDT
Bradley has been out for a month with right shoulder tendinitis.
Jul 2, 2015, 6:31 PM EDT
Jay has already had one stint on the disabled list this season due to his nagging wrist injury.
Jul 2, 2015, 5:30 PM EDT
No, that’s not how the law works.
Jul 2, 2015, 5:02 PM EDT
Cahill was designated for assignment by the Braves earlier this month after allowing 23 runs in 26 innings.
Jul 2, 2015, 4:29 PM EDT
The director, Chris Correa, has admitted to hacking into the Astros system.
Jul 2, 2015, 4:16 PM EDT
He still has to serve a 50-game suspension for a “drug of abuse.”
Jul 2, 2015, 3:49 PM EDT
Shawn Tolleson has grabbed hold of ninth-inning duties.
Jul 2, 2015, 3:24 PM EDT
He fractured his wrist last night as a result of an Edinson Volquez fastball.
Jul 2, 2015, 2:30 PM EDT
Not a bad return following Tommy John surgery.
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- Mike Scioscia says Josh Hamilton should apologize to Angels owner Arte Moreno 54
- Settling the Scores: Thursday’s results 40
- Breaking: Cardinals fire their scouting director, likely due to the Astros hacking scandal 61
- Bryce Harper is naked in ESPN’s “Body Issue” 54
- Today is the day: Marlins ace Jose Fernandez returns from Tommy John surgery 4
- A-Rod, the Yankees and the union in talks to direct his $6 million home run bonus to charity 29
- And That Happened: Wednesday’s scores and highlights 53
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- There was a super ump show in Chicago yesterday (75)