Jurors in Los Angeles County resumed deliberations Monday to decide whether the Los Angeles Dodgers are civilly responsible for injuries caused to Bryan Stow on opening day in 2011.
Shaw, a San Francisco Giants fan, attended the Giants-Dodgers game in Los Angeles, and was assaulted by multiple Dodgers fans, two of whom pleaded guilty to criminal charges after the assault. Stow’s attorneys contend that the Dodgers’ security was inadequate, and that a “culture of violence” at Dodgers-Giants games proximately caused Shaw’s injuries. Interestingly, Dodgers’ (former) owner Frank McCourt was involved in a very public and unpleasant divorce at the time, and has been accused of using Dodgers’ funds for personal expenses around the time of this assault – i.e., not using those funds for proper security.
Dodgers’ attorneys content that Stow was himself intoxicated (his BAC was .18, more than double the legal driving limit) and also, that the fault here lies with the criminals who committed the assault, not with the Dodgers.
Stow’s injuries are significant. He is unable to walk without assistance, requires diapers on a daily basis, suffered various internal injuries, and will never be able to work again. Of interest to those of us in litigation world is the quantum of future damages. At the time of the accident, Stow, 45, was employed as a paramedic earning $114,000 per year. His attorneys contend that future lost earnings, with annual increases through age 69, together with future life care, entitles plaintiff to $37 million in damages.
It will be interesting to see how the jury attributes fault here, and from there, how they comprehend future damages. If the Dodgers’ lax security is deemed a proximate cause of the assault and injury to Stow, future pain and suffering, lost earnings and future medical care could be difficult to dispute, based upon the medical testimony given at trial.
Should the jury fail to reach a verdict (they have been deliberating for six days already) the judge will be forced to declare a mistrial, and the entire trial will start over. There are no do-overs in baseball, but there could be one here.