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.
May 22, 2015, 9:35 PM EDT
Stephen Vogt has been baseball’s best-hitting catcher and GM Billy Beane plans to hold onto him.
May 22, 2015, 8:40 PM EDT
Athletes aren’t born with an ability to speak with the media. We got a look into a media coaching session between Athletics closer Sean Doolittle and girlfriend Eireann Dolan.
May 22, 2015, 7:51 PM EDT
The Dodgers added some pitching depth on Friday, acquiring pitcher Eric Surkamp from the White Sox.
May 22, 2015, 7:45 PM EDT
The White Sox are managing Carlos Rodon’s workload so they pushed the lefty’s start back from Monday.
May 22, 2015, 6:55 PM EDT
Coco Crisp will go back on the disabled list, but has chosen against having career-ending surgery.
May 22, 2015, 6:05 PM EDT
The Mets appear to be heading towards using a six-man rotation after Dillon Gee returns on Saturday.
May 22, 2015, 4:47 PM EDT
The Yankees firmly believe that the only people allowed to disparage Alex Rodriguez are the Yankees.
May 22, 2015, 3:45 PM EDT
Castillo is starting tonight in right field.
May 22, 2015, 2:50 PM EDT
Janssen was signed for $5 million to replace Tyler Clippard as the Nationals’ primary setup man.
May 22, 2015, 2:30 PM EDT
When I see you smile, Barry, I can face the world. You know I can do anything. When I see you smile, I see a ray of light.
May 22, 2015, 2:21 PM EDT
21-year-old right-hander Norge Ruiz.
May 22, 2015, 1:30 PM EDT
But Major League Baseball’s silliness about these kinds of infractions, however, will continue on unabated.
Quote of the Day: Freddie Freeman inadvertently illustrates the silliness of the foreign substance rules
May 22, 2015, 11:03 AM EDT
Paraphrased: “Smith should be way less obvious about the fact that he’s trying to keep us safe!”
May 22, 2015, 10:47 AM EDT
Travis has been a huge bright spot for Toronto this season.
May 22, 2015, 10:30 AM EDT
At least that’s what Molly Knight reports from Japan, and I’m inclined to agree.
May 22, 2015, 10:15 AM EDT
Mujica actually managed to pick up the ball and make a throw to first base for the out.
May 22, 2015, 8:46 AM EDT
Everyone does it and no one cares. Until someone does.
May 22, 2015, 7:19 AM EDT
The Giants own the Dodgers at AT&T Park. And the Madison Bumgarner owned Clayton Kershaw. At least yesterday.
May 21, 2015, 11:27 PM EDT
The Cubs are reportedly one of several teams who have looked into signing Soriano.
May 21, 2015, 11:03 PM EDT
Coco Crisp left Tuesday’s game with tightness in his neck and it sounds like he’s going to need to miss some time.
- Cuba’s best pitching prospect is on his way to America 17
- Will Smith suspended for eight games for the foreign substance on his arm 56
- Will Smith’s ejection once again shows baseball’s silly approach to foreign substance rules 48
- And That Happened: Thursday’s scores and highlights 95
- Who really owns a home run ball? 65
- The story behind the Nationals squirting chocolate syrup on each other after big wins 43
- And That Happened: Wednesday’s scores and highlights 130
- Bryce Harper on Marvin Hudson ejection: “I don’t think 40,000 people came to watch him ump” 130
- Bryce Harper on Marvin Hudson ejection: “I don’t think 40,000 people came to watch him ump” (130)
- And That Happened: Wednesday’s scores and highlights (130)
- Bryce Harper ejected for second time in a week (122)
- GM Dan Jennings to be named the Marlins new manager. And it’s a terrible idea. (111)
- And That Happened: Tuesday’s scores and highlights (101)