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 4, 2015, 11:40 PM EDT
A.J. Burnett feels great and wants to pitch again for the Pirates before the end of the season.
Sep 4, 2015, 11:05 PM EDT
Chris Davis homered twice against the Blue Jays on Friday to move past Nelson Cruz for the major league home run lead.
Sep 4, 2015, 10:15 PM EDT
Reds outfielder Billy Hamilton will rehab at Double-A and should rejoin the big league squad soon.
Sep 4, 2015, 9:25 PM EDT
Wil Myers will make his long awaited return to the Padres’ lineup on Friday night after missing nearly three months with a wrist injury.
Sep 4, 2015, 8:35 PM EDT
The Astros want to sign Dallas Keuchel to at least a four-year extension, but the two sides won’t negotiate until the season is over.
Sep 4, 2015, 7:45 PM EDT
James Paxton will sit for a few days while his fingernail heals, then resume rehabbing with Triple-A Tacoma.
Sep 4, 2015, 6:55 PM EDT
Corey Kluber will miss 10 days after tweaking his hamstring in a side session.
Sep 4, 2015, 6:05 PM EDT
Brad Ausmus could soon be out of a job as the Tigers sink in the AL Central.
Sep 4, 2015, 5:03 PM EDT
Brown may be done for the year.
Sep 4, 2015, 4:47 PM EDT
Any further concussion-related problems could force the former MVP into retirement
Sep 4, 2015, 3:48 PM EDT
Jay missed the past two months with a wrist injury.
Sep 4, 2015, 3:23 PM EDT
Viva abuse of the forfeiture laws
Sep 4, 2015, 2:13 PM EDT
The Matt Harvey controversy is a lot like the Stephen Strasburg shutdown of 2012. But Sandy Alderson is not going to do what Mike Rizzo did, someone close to him says.
Sep 4, 2015, 1:38 PM EDT
Gloves? Who needs a glove?
Sep 4, 2015, 1:10 PM EDT
Adding a 30-homer bat to the lineup.
Sep 4, 2015, 12:44 PM EDT
He’ll miss at least one week.
Sep 4, 2015, 12:29 PM EDT
A good move by ESPN.
Sep 4, 2015, 11:33 AM EDT
Teixeira suffered the injury on August 17.
Sep 4, 2015, 11:03 AM EDT
Just when you thought the Mets would enjoy a smooth, controversy-free final month of the regular season.
Sep 4, 2015, 10:46 AM EDT
Headed for a quick divorce.
- Sandy Alderson is not going to “roll over” for Scott Boras and shut down Matt Harvey 64
- Dodgers are already fed up with 6.56 ERA-pitching, excuse-making Mat Latos 50
- And That Happened: Thursday’s scores and highlights 58
- Bryce Harper walks in all four of his plate appearances, scores four runs 24
- ESPN pulls Curt Schilling off broadcasts for rest of regular season and Wild Card game 146
- David Ortiz is more likely to be boned in Hall of Fame voting for being a DH than for PED stuff 145
- And That Happened: Wednesday’s scores and highlights 74
- The Marlins are going to change everything except their biggest problem this offseason 53
- ESPN pulls Curt Schilling off broadcasts for rest of regular season and Wild Card game (146)
- David Ortiz is more likely to be boned in Hall of Fame voting for being a DH than for PED stuff (145)
- Matt Williams puts up another strong performance in his quest to get himself fired (107)
- David Ortiz tweets his happiness about the Deflategate decision (101)
- Why Mike Mussina keeps getting hosed in the Hall of Fame voting (90)