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.
Apr 27, 2015, 5:40 PM EDT
Scherzer is in the first season of a seven-year, $210 million contract and has pitched very well through four starts with a 1.26 ERA and 29/4 K/BB ratio in 29 innings.
Source: Josh Hamilton rejected a trade to a National League team because he wanted to go back to Texas
Apr 27, 2015, 4:56 PM EDT
Hamilton had a full no-trade clause with the Angels. And he exercised it in an effort to get back to the Rangers.
Apr 27, 2015, 4:25 PM EDT
Pro tip: when you’re trying to sell something, don’t tell all of your potential customers how crappy the thing is and how desperate you are to be rid of it.
Apr 27, 2015, 4:04 PM EDT
This trade rids the Angels of Josh Hamilton, Josh Hamilton of the Angels and give the Rangers a pretty big bargain. Win-win-win?
Apr 27, 2015, 3:31 PM EDT
Saltalamacchia is owed $7 million this season and $8 million next season.
Apr 27, 2015, 3:15 PM EDT
As usual, the Phillies are why we can’t have nice things.
Apr 27, 2015, 2:35 PM EDT
Jaso injured his wrist sliding into third base on Opening Day.
Apr 27, 2015, 1:22 PM EDT
He was traded from the Nationals to the Dodgers just last week.
Apr 27, 2015, 1:08 PM EDT
Powerful words from the Orioles’ executive in the wake of the death of Freddie Gray.
Apr 27, 2015, 12:32 PM EDT
Some people are really committed. Others are so committed, maybe they should be committed.
Apr 27, 2015, 11:19 AM EDT
Perez posted a 9.39 ERA in six appearances for Triple-A Colorado Springs.
Apr 27, 2015, 11:03 AM EDT
“Outdoor baseball is stupid, and domes should be universal. My column:”
Apr 27, 2015, 10:47 AM EDT
Gonzalez insists he’s healthy.
Apr 27, 2015, 10:15 AM EDT
He hasn’t thrown since cutting short a bullpen session 10 days ago.
Apr 27, 2015, 9:24 AM EDT
The Marlins lose: rumors of the manager being on the hot seat. They win: he’s safe. That’s the sort of reaction that stable teams run by wise men pursue, right?
Apr 27, 2015, 8:34 AM EDT
And no, I don’t say that just because Adam Wainwright has been lost for the season due to an injury sustained while hitting.
Apr 27, 2015, 7:09 AM EDT
“Can you pitch, Dustin? Like, every fifth day? I’m serious.”
Apr 26, 2015, 11:05 PM EDT
Jose Abreu, one might say, is good at hitting baseballs.
Apr 26, 2015, 10:15 PM EDT
Max Scherzer made an argument for bringing the DH to the National League.
Apr 26, 2015, 9:25 PM EDT
Perhaps Phillies GM Ruben Amaro was right to hold onto Cole Hamels.
- Source: Josh Hamilton rejected a trade to a National League team because he wanted to go back to Texas 12
- Deal done: Josh Hamilton traded to the Texas Rangers for cash considerations 25
- Pitchers batting is dumb and the DH should be universal 349
- And That Happened: Sunday’s scores and highlights 84
- Alex Rodriguez hits 659th career home run, now one shy of tying Willie Mays 54
- Max Scherzer doubtful for next start due to thumb injury 5
- Protesters converge on Oriole Park at Camden Yards 149
- It sure sounds like Adam Wainwright suffered a torn Achilles tendon on Saturday night 44
- Pitchers batting is dumb and the DH should be universal (349)
- Comment of the Day: do not underestimate the seriousness of the anti-DH crowd (180)
- The early leaders in MLB’s “Franchise Four” thing have been announced (166)
- The Royals and White Sox had a benches-clearing fracas, five players ejected (161)
- Protesters converge on Oriole Park at Camden Yards (149)