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.
Jul 12, 2014, 11:00 PM EDT
The Indians and Angels made a small deal on Saturday, swapping a lefty reliever for cash.
Jul 12, 2014, 10:05 PM EDT
The American League has added a reliever rather than a starter with David Price giving up his spot on the roster for the All-Star Game.
Jul 12, 2014, 9:10 PM EDT
Brian Dozier made a nifty play at Coors Field to get an out at home plate on Saturday.
Jul 12, 2014, 8:15 PM EDT
The Astros may get their center fielder back on Friday if all goes according to plan.
Jul 12, 2014, 7:20 PM EDT
Phillies catcher Carlos Ruiz will take batting practice and work on blocking baseballs. The hope is to begin a rehab assignment by the weekend.
Jul 12, 2014, 6:25 PM EDT
The Pirates added some relief depth, signing Rafael Perez to a minor league deal on Saturday.
Jul 12, 2014, 5:30 PM EDT
A pair of neck surgeries limited Nolan Reimold to just 56 games between 2012-2013 and now he’s dealing with a calf strain.
Jul 12, 2014, 4:29 PM EDT
White Sox shortstop Alexei Ramirez was forced to exit this afternoon’s game against the Indians in the top of the fourth inning due to back stiffness.
Jul 12, 2014, 4:14 PM EDT
Reds first baseman Joey Votto has received platelet-rich plasma injections in an effort to get past his lingering quad injury.
Jul 12, 2014, 3:02 PM EDT
This is the first All-Star selection for Henderson Alvarez.
Jul 12, 2014, 2:01 PM EDT
The Pirates are focused on adding pitching in advance of the July non-waiver trade deadline.
Jul 12, 2014, 1:08 PM EDT
Jean Segura has returned to his native Dominican Republic following the death of his nine-month-old son yesterday.
Jul 12, 2014, 12:20 PM EDT
Brandon Phillips underwent surgery yesterday to repair a torn ligament in his left thumb and now the Reds will be without one of the potential options to fill in at second base.
Jul 12, 2014, 11:36 AM EDT
There’s increasing evidence that Reds center fielder Billy Hamilton is not of this world.
Jul 12, 2014, 10:53 AM EDT
Jake Odorizzi will move up in the rotation to start this afternoon. The hope is that Price will feel well enough to pitch tomorrow.
Jul 12, 2014, 10:22 AM EDT
The previous record was held by Hall of Famer Bruce Sutter, who went 39 consecutive appearances with a strikeout in 1977.
Jul 12, 2014, 9:38 AM EDT
At the very least, Jordan Zimmermann will not be able to pitch in the All-Star Game next week. His availability beyond that is up in the air.
Jul 12, 2014, 8:56 AM EDT
A quick recap of a busy Friday around MLB, including another loss for the Brewers.
Jul 11, 2014, 11:05 PM EDT
The AL Roster swaps one injured Tiger for a healthy one. Ian Kinsler will replace Victor Martinez.
Jul 11, 2014, 10:35 PM EDT
Pirates manager Clint Hurdle doesn’t expect Gerrit Cole to return to the club shortly after the All-Star break.
- Reds hope to get Joey Votto back for the “stretch run” 6
- Jean Segura leaves Brewers following the death of his nine-month-old son 47
- Settling the Score: Friday’s results 32
- Rangers catcher Geovany Soto arrested for marijuana possession 63
- Babe Ruth made his major league debut 100 years ago today 50
- Rockies owner: “maybe Denver doesn’t deserve a franchise . . . maybe time for it to find a new home” 80
- And That Happened: Thursday’s scores and highlights 33
- Masahiro Tanaka diagnosed with partially-torn UCL in elbow 114
- Shocker: the Red Sox publicly criticize A.J. Pierzynski after cutting him (191)
- John Lackey on Nelson Cruz: “Not even going to comment … I’ve got nothing to say about him” (143)
- Masahiro Tanaka diagnosed with partially-torn UCL in elbow (114)
- The 2014 All-Star rosters have been announced (103)
- Giants broadcaster says Angel Hernandez “does not belong in the big leagues” (102)