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

				Media Apparently Misstate Extent of Dodgers Liability in... Election Law Blog - Rick Hasen's blog
				View on electionlawblog.org	Preview by Yahoo

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.

--

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.

 'via Blog this'

Bryan Stow Attends World Series Game

It's good to see Bryan Stow at the World Series before Dodger-fan. Call it schadenfreude if you will, I'd prefer to believe it's a bit of poetic justice

from the Mercurynews.com
Bryan Stow Attends World Series Game:

SAN FRANCISCO -- Bryan Stow, the Santa Cruz paramedic who was nearly beaten to death after a game at Dodger Stadium in 2011, was in attendance at AT&T Park on Thursday night for Game 2 of the World Series between the Giants and Detroit Tigers.

It is believed to be the first Giants game Stow has attended since the 2011 attack. Stow attended the game as a guest of the Giants. His seat location was kept confidential, and all interview requests were declined.

'via Blog this'

Barry Bonds to Pay for College of Beaten Giants Fan's Kids - FoxNews.com

Good stuff. Way to go, Barry.

Barry Bonds to Pay for College of Beaten Giants Fan's Kids - FoxNews.com: "The all-time home run king still has some pop left in his bat.

Former San Francisco Giants great Barry Bonds will pay for college for Bryan Stow's kids, according to NBCBayArea.com. Stow is the Giants fan who was severely beaten and left in a coma outside of Dodgers Stadium last month.

Stow family attorney Thomas Girardi tells the website that Bonds made the pledge to Stow's son and daughter after visiting the family in the hospital April 22."

According to Deadspin:

http://deadspin.com/5805284/barry-bonds-will-pay-to-send-beaten-giants-fans-kids-to-college

Stow's lawyer spoke to NBC Bay Area to reveal the Bonds story:

Stow family attorney Thomas Girardi said that former slugger Barry Bonds has donated to pay for their college education. He said the family has talked about turning other donations back to the fans if this suit is successful, but said the gift of a college of education is something they treasure and will keep.

Bryan is a single father. He has a son and a daughter who are both in grade school.

Bonds visited Stow on April 22, while he was still in a Southern California hospital.

Sources close to Stow told NBC that Bonds also spent an hour in Stow's room and left a signed baseball bat for Stow's children. At the time, there was no mention of a donation to a college fund.

It's kind of noteworthy, too, that Bonds did this over a month ago—shortly after the verdict came down in his stupid trial—and that he didn't say anything about it to the press. Stow's lawyer mentions it here only because the family was so excited to have such a gift AND from a Giants icon, to boot.

So, please, a moment of thanks for Bonds's generosity, before you return to cursing him for eternity.

P.S. Reportedly, Giants ace Tim Lincecum also donated $25,000 to the Stow family fund.

from YahooSports.com
LHP Jeremy Affeldt visited hospitalized Giants fan Bryan Stow, who is in critical but stable condition after a brutal beating in the parking lot at Dodger Stadium, at San Francisco General Hospital on Tuesday, according to the Associated Press. Affeldt told the AP that Stow opened his eyes and seemed responsive when Affeldt introduced himself, held his hand and said a prayer for his recovery.

Giants and Dodgers stand united in support of injured fan - Big League Stew - MLB Blog - Yahoo! Sports

Good move on the part of both teams. This use of a rivalry in sports as an excuse to commit mayhem has to end somewhere. We are not soccer fan. The difference in the colors of our favorite teams uniforms cannot be an excuse for violence and hatred.



Giants and Dodgers stand united in support of injured fan - Big League Stew - MLB Blog - Yahoo! Sports:

"'When the last out is made, that rivalry ends on the field.'

Those were the words of  pitcher Jeremy Affeldt(notes) on Monday night as his San Francisco Giants teammates joined the Los Angeles Dodgers in a pregame show of support for Bryan Stow. The 42-year-old Giants fan — a paramedic and father of two from Santa Cruz — remains in a medically induced coma after he was attacked by two Dodgers fans on opening night at Dodger Stadium.

Whether or not Affeldt's words can ever really resonate with the cowards who use differing team allegiances as a pitiful excuse to attack others remains up for debate. But given Monday night's situation at AT&T Park — where increased security was on the lookout for any forms of retribution —  it was a solid way to place the game in its proper perspective.

As Jamey Carroll(notes) of the Dodgers put it: 'There's no room in this game for hatred and violence. It is about respect. This is America's national pastime ... Let's keep it that way.'"

San Francisco Giants Fan Beaten at Dodger Game May Have Brain Damage - FoxNews.com

AP

April 5, 2011: Family members of attacked Giant fan, Bryan Stow, gather for a news conference outside USC Hospital in Los Angeles. They are, from left, John Devitt, uncle, Elizabet Stow, mother, Bonnie Stow, sister, Erin Stow, sister and Dave Stow, father. According doctors, Bryan Stow is showing signs of brain damage and remains in critical condition

It's just a ridiculous way to begin a baseball season. A couple of lunatics turn a game -- a freaking baseball game -- into an excuse to engage in gangland violence. DISGUSTING. When they catch these miscreant imbeciles, they should keep them locked up for as long the victim suffers. It's nice to see the victims family, friends and co-workers stepping up to the plate.

San Francisco Giants Fan Beaten at Dodger Game May Have Brain Damage - FoxNews.com:

"LOS ANGELES – Police are searching for suspects responsible for beating a San Francisco Giants fan at Dodger Stadium after last week’s opening game.

Bryan Stow, a 42-year-old paramedic and father of two from Santa Cruz, is showing signs of brain damage and remains in critical condition after the beating. He suffered a severe skull fracture and bad bruising to his brain’s frontal lobes, said neurosurgeon Dr. Gabriel Zada."