Thursday, July 10, 2014

Dodgers lose on and off the field yesterday - Bryan Stow wins big



Hopefully, the Stow family collects every dime from the Dodger "family". If the miscreants that perpetrated the crime can't pay, the team should step up. This will motivate them to put more of a security presence in their parking lots. Penny wise, pound foolish.

Media Apparently Misstate Extent of Dodgers Liability in Brian Stow Case | Election Law Blog
Just now a jury awarded $18 million to Brian Stow for the 2011 beating Stow took at Dodger Stadium.  According to press reports, the jury found the Dodgers 25% responsible, and each of the two attackers 37.5 percent responsible.  AP says: “The jury found damages of about $18 million but said the Dodgers were responsible for only a quarter of the sum. The rest of the responsibility was split between the two men who beat fan Bryan Stow.” CBS says: “The verdict means the Dodgersbusiness entity must pay about $4.5 million.” ABC says: “Jurors awarded Stow about $18 million in damages, which means the Dodgers must pay about $4.5 million.”
They are all wrong.
Under California law, to the extent that the $18 million represents compensation for “economic” damages (that is, past and expected future medical expenses, lost wages, etc.), principles of “joint and several liability” apply. That means, assuming the two other defendants have no assets, the Dodgers are on the hook for the entire amount of the damages.
California voters passed an initiative providing that for non-economic damages (that is, pain and suffering, and emotional distress), damages are “several” only, meaning the Dodgers only pay 25% of this subset of damages.
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UPDATE; Apparently there is a bankruptcy order involving the Dodgers further complicating this.  Stay tuned.
UPDATEII: The AP story now says: “Plaintiff’s attorney Tom Girardi said the verdict means the Dodgers must pay about $14 million in economic losses and a quarter of the pain and suffering sum, adding about $1 million more.”
UPDATE III: Here is a bankruptcy consent order in which the Stow family agrees to go after moneyonly from 17 Dodgers insurance policies.  The policies were filed under seal, so it is not clear if it can cover all of the damages. There also may be other filings in the bankruptcy case which affect the right to recover.  Thanks to ELB reader David Bury for passing this along.
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Giants Top Minor League Prospects

  • 1. Joey Bart 6-2, 215 C Power arm and a power bat, playing a premium defensive position. Good catch and throw skills.
  • 2. Heliot Ramos 6-2, 185 OF Potential high-ceiling player the Giants have been looking for. Great bat speed, early returns were impressive.
  • 3. Chris Shaw 6-3. 230 1B Lefty power bat, limited defensively to 1B, Matt Adams comp?
  • 4. Tyler Beede 6-4, 215 RHP from Vanderbilt projects as top of the rotation starter when he works out his command/control issues. When he misses, he misses by a bunch.
  • 5. Stephen Duggar 6-1, 170 CF Another toolsy, under-achieving OF in the Gary Brown mold, hoping for better results.
  • 6. Sandro Fabian 6-0, 180 OF Dominican signee from 2014, shows some pop in his bat. Below average arm and lack of speed should push him towards LF.
  • 7. Aramis Garcia 6-2, 220 C from Florida INTL projects as a good bat behind the dish with enough defensive skill to play there long-term
  • 8. Heath Quinn 6-2, 190 OF Strong hitter, makes contact with improving approach at the plate. Returns from hamate bone injury.
  • 9. Garrett Williams 6-1, 205 LHP Former Oklahoma standout, Giants prototype, low-ceiling, high-floor prospect.
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  • 11. Jacob Gonzalez 6-3, 190 3B Good pedigree, impressive bat for HS prospect.
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