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 27, 2014, 8:48 PM EST
Derek Jeter may have helped Penn State squeak out a victory over Boston College in the Pinstripe Bowl on Saturday.
Dec 27, 2014, 7:10 PM EST
Heath Bell is looking to hang on with the Nationals in 2015, and he’ll earn at least $1 million.
Dec 27, 2014, 6:05 PM EST
The Brett Anderson signing should become official at some point next week, at long last.
Dec 27, 2014, 5:20 PM EST
Opening Day is 100 days away, but with the unusually mild weather in the New York area, they could really be playing some baseball right now.
Dec 27, 2014, 4:40 PM EST
Cubs shortstop Starlin Castro was reportedly detained for questioning by authorities in the Dominican Republic on Saturday in connection with a nightclub shooting that injured six people.
Dec 27, 2014, 3:45 PM EST
David Ross recently took Rob Bradford of WEEI.com behind the scenes of how he landed a two-year, $5 million contract with the Cubs.
Dec 27, 2014, 11:01 AM EST
The Giants finalized their new two-year, $24 million contract with Jake Peavy this week.
Dec 27, 2014, 8:59 AM EST
Macko worked for the Rangers for over 40 years.
Dec 26, 2014, 10:25 PM EST
The Braves’ one-year deal with catcher A.J. Pierzynski is for $2 million.
Dec 26, 2014, 9:20 PM EST
Rafael Furcal has suffered another injury, this time a torn hamstring which will keep him out of the Dominican Winter League playoffs.
Dec 26, 2014, 8:03 PM EST
If Wandy Rodriguez passes his physical, the Phillies are expected to sign him to a minor league deal.
Dec 26, 2014, 7:10 PM EST
Jeff Manship will begin the spring with the Indians after signing a minor league deal.
Dec 26, 2014, 6:05 PM EST
According to Peter Gammons, some GMs think the Giants will eventually trade for Ben Zobrist.
Dec 26, 2014, 3:49 PM EST
After seven years in the United States, Hiroki Kuroda is heading home.
Dec 26, 2014, 11:32 AM EST
Uggla hit .179 in 2013 and .149 this year.
Dec 26, 2014, 11:00 AM EST
And it’s all thanks to a man named George Mukhobe.
Dec 26, 2014, 10:30 AM EST
He threw 64 innings with a 3.96 ERA and 44/16 K/BB ratio for the Giants in 2014.
Dec 26, 2014, 9:35 AM EST
Remember, Red, hope is a good thing, maybe the best of things.
Dec 26, 2014, 7:32 AM EST
Actually, no, he probably wouldn’t have, Curt.
Dec 25, 2014, 3:05 PM EST
Japanese righty Chihiro Kaneko might have been one of the top starters on the open market this winter had he been posted by the Orix Buffaloes, his Nippon Professional Baseball team.
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