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.
Dec 13, 2013, 11:44 AM EST
Jason Kubel left Minnesota to sign a two-year, $16 million deal with Arizona following the 2011 season, but after one good year and one bad year Darren Wolfson of 1500ESPN.com reports that he’s returning to the Twins on a minor-league deal. At this point in his career Kubel should really be a platoon designated hitter,…
Dec 13, 2013, 11:33 AM EST
The handsome manager post from the other day made its way around the Winter Meetings lobby on Tuesday and Wednesday. That inspired MLB Network to invite me on the “Hot Stove” show yesterday morning to talk about it all. The highlight? A fist-bump with Harold Reynolds: That’s going in the scrapbook. Oh, and here’s…
Dec 13, 2013, 11:19 AM EST
Aw, shucks: Joe Girardi on Jacoby Ellsbury: “You no longer are a thorn in my side. You are a flower in our clubhouse.” — Andy McCullough (@McCulloughSL) December 13, 2013 Hey girl, you are a flower in our clubhouse. Follow @AaronGleeman
Dec 13, 2013, 11:03 AM EST
Jeb Lund was at the Winter Meetings this past week, writing some stuff for SB Nation and having the bad sense to have drinks with me in the lobby until way too late. Or early. Depends on your point of view. Good guy though. He also happened to be in great position to see the…
Dec 13, 2013, 10:47 AM EST
Mike Pelfrey was awful for the Twins this year, going 5-13 with a 5.19 ERA in 29 starts, but LaVelle E. Neal III of the Minneapolis Star Tribune reports that Minnesota has made him a two-year offer to return. According to Neal the deal would be worth around $12 million, which … well, as a…
Dec 13, 2013, 10:30 AM EST
This is pretty awesome. Because the posting fee for Japanese players is now capped at $20 million, teams have a way lower incentive to post their players, as they used to be able to get way more. That’s been the holdup for Rakuten, the team which is trying to decide if it will post Masahiro…
Dec 13, 2013, 10:15 AM EST
Nick Piecoro of the Arizona Republic reports that the Diamondbacks are close to re-signing rehabbing right-hander Daniel Hudson and backup catcher Henry Blanco. Hudson is expected to miss most of 2014 following a pair of Tommy John elbow surgeries and the Diamondbacks non-tendered him last week because they ran out of time to work out…
Dec 13, 2013, 9:50 AM EST
Jon Heyman reports that the Rockies will sign Boone Logan to a three-year, $16.5 million contract. Troy Renck of the Denver Post reported that the deal was close last night. Logan — a lefty reliever — is an eight-year veteran having spent time with the White Sox, Braves, and Yankees. Over the past three seasons in…
Dec 13, 2013, 9:01 AM EST
Boca Raton, Florida police announced the arrest of a tanning salon worker for the theft of the Biogenesis documents Major League Baseball is now using to go after Alex Rodriguez. His name is Reginald St. Fleur. He’s a known associate of Porter Fischer, the former Biogenesis employee who initially obtained the documents and who, at one time…
Dec 13, 2013, 7:10 AM EST
A week in the sun and warmth is over. A week of the hottest hot stove action in recent memory preceded it. It’s pretty easy to say that a great bulk of the work teams needed to do before Opening Day 2014 has been accomplished since we tossed the last of our Thanksgiving leftovers. But…
Dec 12, 2013, 11:00 PM EST
Seahawks quarterback Russell Wilson is enjoying a nice season. His team is 11-2 and has already clinched at least a Wild Card spot, and will likely soon wrap up the NFC West. What many have forgotten is that he was once a fourth-round pick by the Rockies in the 2010 Major League Baseball draft. He…
Dec 12, 2013, 10:05 PM EST
The Montreal Gazette is reporting that one of Canada’s great cities could once again be a home for a Major League Baseball team as long as a new stadium is built in the downtown area. A study was performed by Ernst and Young and the law firm BCF, which found that it would cost Montreal…
Dec 12, 2013, 9:20 PM EST
Troy Renck of the Denver Post is reporting that the Rockies are close to signing left-handed reliever Boone Logan on a deal believed to be three years in length and around $15 million. The deal will not be finalized until Logan passes a physical. Logan, 29, is an eight-year veteran having spent time with the…
Dec 12, 2013, 9:15 PM EST
MLB.com’s Britt Ghiroli confirmed a report that the Orioles have put a multi-year contract offer on the table with free agent closer Grant Balfour. Eduardo Encina of the Baltimore Sun reports that a team has offered him a third-year vesting option, but it’s not the Orioles. He also adds that the right-hander has a two-year…
Dec 12, 2013, 8:25 PM EST
Jeff Blair of the Globe and Mail is reporting that the Royals and Blue Jays have discussed a trade involving first baseman-slash-DH Billy Butler. He clarifies that there has been no movement on a deal beyond the initial discussions, and adds that the Jays would receive prospects along with Butler in such a deal. It’s…
Dec 12, 2013, 7:30 PM EST
Another potential suitor has joined the Omar Infante sweepstakes: the Cincinnati Reds. But, as Bob Nightengale of USA TODAY reports, they would need to move current second baseman Brandon Phillips first. Recently, the Yankees — sans Robinson Cano — and the Royals have had the strongest links to Infante. As for Phillips, the Reds offered…
Dec 12, 2013, 6:41 PM EST
The Mariners just held a news conference where they introduced new second baseman Robinson Cano after he officially signed his ten-year, $240 million contract. It was your standard presser involving a star player, but Cano and GM Jack Zduriencik both raised some eyebrows with some comments. Via Todd Dybas of the Tacoma News Tribune: “I…
Dec 12, 2013, 5:55 PM EST
The Mariners just posted this Vine, showing Robinson Cano adding his signature to his ten-year, $240 million contract with recently-embattled GM Jack Zduriencik to his right and agent Jay-Z behind him. As beard aficionado Aaron Gleeman pointed out earlier, Cano is sporting a nice new beard which would have violated the Yankees’ personal grooming rules.
Dec 12, 2013, 2:50 PM EST
Robinson Cano‘s official introductory press conference in Seattle is today and the Mariners just put out this picture of him wearing No. 22 … and sporting a beard, which was of course banned by the Yankees. Robinson will wear #22 #HelloCano pic.twitter.com/JJ9qKhf3Ct — Seattle Mariners (@Mariners) December 12, 2013 As a locally recognized beard-haver myself,…
Dec 12, 2013, 2:34 PM EST
Remember Kevin Kouzmanoff? He hasn’t played in the majors since 2011, but the Rangers just announced that they’ve signed him to a minor-league contract. Texas also did the same with utility infielders Josh Wilson and Brent Lillibridge, adding some bench options (or Triple-A depth). Kouzmanoff put up some nice power numbers with the Padres early…
- Recapping the Winter Meetings and looking ahead to the rest of the offseason 15
- Could baseball return to Montreal? 45
- Report: Rockies nearing a multi-year deal with Boone Logan 5
- Highlights from the Robinson Cano news conference 35
- Report: Two agents rumbled in the parking lot at the Winter Meetings 31
- Robinson Cano agrees to $240 million deal with Mariners (260)
- Not everyone is happy about home plate collisions being taken away (135)
- Report: Yankees have agreed to a three-year deal with Carlos Beltran (125)
- Brett Gardner is drawing “significant” trade interest (113)
- Managers, GMs to meet today to discuss the abolition of home plate collisions (113)