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.
Oct 1, 2014, 2:02 AM EDT
Yost’s controversial call fails to doom Royals after all.
Oct 1, 2014, 1:44 AM EDT
In-game losses left the A’s undermanned in defeat.
Oct 1, 2014, 1:29 AM EDT
In case you missed it, here is the replay of Salvador Perez’s walkoff hit from Tuesday night’s AL Wild Card Game …
Oct 1, 2014, 1:25 AM EDT
You get a bunt and you get a bunt and you get a bunt!
Oct 1, 2014, 1:10 AM EDT
Salvador Perez was held hitless in his first five at-bats of Tuesday’s American League Wild Card Game at Kauffman Stadium in Kansas City, but he smacked a walkoff RBI single down the left-field line in the 12th inning to give the Royals a 9-8 victory over the A’s.
Oct 1, 2014, 12:14 AM EDT
A’s center fielder Coco Crisp was removed from Tuesday night’s American League Wild Card Game before the bottom of the 11th inning with an apparent hamstring injury.
Sep 30, 2014, 11:49 PM EDT
We’ve got a brand new ballgame in Kansas City.
Sep 30, 2014, 10:53 PM EDT
Dodgers left-hander Hyun-Jin Ryu will test his injured shoulder in a simulated game Wednesday. He’s hoping to start Game 3 of the NLDS in St. Louis.
Sep 30, 2014, 10:18 PM EDT
Oakland opened the floodgates on the Royals in the sixth inning.
Sep 30, 2014, 9:45 PM EDT
Watch the host Royals take the lead in Tuesday’s American League Wild Card Game against the visiting A’s on this RBI bloop single from Eric Hosmer in the bottom of the third inning …
Sep 30, 2014, 9:06 PM EDT
Derek Norris came off the bench to replace him.
Sep 30, 2014, 8:59 PM EDT
Angels starter Matt Shoemaker hasn’t pitched in a game since September 15 due to a left oblique strain, but he is making steady progress behind the scenes and expects to be available for the ALDS.
Sep 30, 2014, 8:04 PM EDT
Braves hitting coach Greg Walker officially stepped down on Tuesday evening, as announced on the club’s Twitter feed.
Sep 30, 2014, 7:31 PM EDT
Ishikawa is 31 years old and has started a grand total of three career games in the outfield.
Sep 30, 2014, 7:08 PM EDT
Red Sox starter Clay Buchholz underwent surgery Tuesday to correct a right meniscus injury that bothered him off and on throughout the 2014 season. He should have a fairly normal winter.
Sep 30, 2014, 7:01 PM EDT
Kershaw and Greinke four times in five games?
Sep 30, 2014, 6:20 PM EDT
Javier Baez hit just .169 with 95 strikeouts in 52 games as a 21-year-old rookie.
Sep 30, 2014, 6:13 PM EDT
Josh Hamilton has played in just one game since September 4 due to shoulder, chest, and rib cage injuries, but the 33-year-old outfielder took batting practice, threw some long toss, and ran the bases on Tuesday afternoon and has declared himself ready for the ALDS, which begins on Thursday.
Sep 30, 2014, 5:29 PM EDT
It’s all about how you define the term “best,” of course.
Sep 30, 2014, 4:46 PM EDT
Gordon led the NL in steals and triples this season.
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- Josh Hamilton declares himself ready for the ALDS 3
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- Pouliot’s 2014 National League awards picks 21
- HBT Daily: A’s vs. Royals. Jon Lester vs. Big Game James. WHO YA GOT?! 12
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