Skip to content

Bryan Stow’s lawyers estimate his damages to be $50 million

Sep 12, 2011, 10:41 PM EDT

Image of Dodger Stadium beating victim Stow is shown on scoreboard before MLB National League baseball game between San Francisco Giants and St. Louis Cardinals in San Francisco, California Reuters

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.

Latest Posts
  1. Mike Trout back in Angels’ lineup Thursday

    Jul 30, 2015, 6:32 PM EDT

    ANAHEIM, CA - JULY 26:  Mike Trout #27 of the Los Angeles Angels of Anaheim rounds third base after hitting a home run in the first inning during a game against the Texas Rangers at Angel Stadium of Anaheim on July 26, 2015 in Anaheim, California.  (Photo by Jonathan Moore/Getty Images) Getty Images

    Angels slugger Mike Trout is back in tonight’s lineup against the Astros after missing two games with left wrist inflammation.

  2. Pirates bolster bullpen, pick up Joakim Soria from Tigers

    Jul 30, 2015, 6:09 PM EDT

    cD05ODdlNmNhY2MwMjRlZWQzNTJhM2ViYTQ1Y2VlY2YzOCZnPWUxMWY3Njc0ZTU3N2M3NzRjMDUyODFiNWJhYWE1Mjg3 Getty Images

    After dealing ace David Price to the Blue Jays earlier today, the Tigers have traded closer Joakim Soria to the Pirates.

  3. Marlins president Mike Hill hopes Marlins fans are “educated enough” to see the team’s plan

    Jul 30, 2015, 5:05 PM EDT

    marlins logo

    Of course, experience is education too, and based on that I’m quite sure that even the most intelligent Marlins fan would be justified in being confused and thinking the organization has no clue whatsoever.

  4. Yankees acquire Dustin Ackley from Mariners

    Jul 30, 2015, 4:44 PM EDT

    Dustin Ackley Getty Images

    No. 2 overall pick in the 2009 draft behind Stephen Strasburg.

  5. The Mets have had an extremely Metsy 24 hours

    Jul 30, 2015, 4:07 PM EDT

    Screen Shot 2015-07-30 at 3.57.11 PM

    Defeat from the jaws of victory and then they got all wet.

  6. Daniel Nava designated for assignment by the Red Sox

    Jul 30, 2015, 3:50 PM EDT

    ALCS - Detroit Tigers v Boston Red Sox - Game One Getty Images

    Nava hit .303 in 134 games for the Red Sox in 2013, playing a key role in the team’s World Series title.

  7. Pirates DFA Vance Worley to make room for Joe Blanton

    Jul 30, 2015, 3:46 PM EDT

    Vance Worley AP

    It’s like we’re in Philly all over again.

  8. Blue Jays acquire David Price from the Tigers

    Jul 30, 2015, 12:39 PM EDT

    David Price AP

    The Blue Jays have their ace and now have their sights set on catching the Yankees.

  9. The reason for the collapse of the Brewers-Mets deal? Depends on who you ask.

    Jul 30, 2015, 11:15 AM EDT

    Carlos Gomez Carlos Gomez

    Money? Health? And what the hell is a “hip doctor” anyway?

  10. Miguel Montero wants the Cubs to activate him so he can play through a sprained thumb

    Jul 30, 2015, 10:47 AM EDT

    Miguel Montero Cubs Getty Images

    “If I wait to be 100 percent, it’s going to be season-ending.”

  11. MLB execs “absolutely convinced” that David Price is going to the Dodgers

    Jul 30, 2015, 9:56 AM EDT

    David Price David Price

    A playoff rotation of Kershaw, Greinke and Price would be reDONKulous.

Top 10 MLB Player Searches
  1. C. Hamels (5515)
  2. T. Tulowitzki (4152)
  3. M. Trout (3927)
  4. J. Cueto (3907)
  5. A. Rodriguez (3841)
  1. C. Gomez (3612)
  2. D. Price (3583)
  3. C. Gonzalez (3481)
  4. J. Reyes (3211)
  5. T. Clippard (3092)