[Halladay Superthread]

I wonder if the Blue Jays will make us take Vernon Wells' awful contract.

[Sox being sued]

So they sued a snow plow company for plowing snow?

http://www.cliffordlaw.com/news/attorneys-...now-or-leave-it

[Sox being sued]

I'm guessing if this guy just went to the Sox and said, hey, can you just pay the medical bill and we'll call it even... they'd do it, and all would be settled without having to sue.

Depending on the bills, you're absolutely right. Most property insurance policies have a $5,000 med pay provision. The insurance will give that up without a fight as long as it's reasonably certain that you suffered the injury on the premises.

 

It will become a bigger problem if the bills are huge.

[Sox being sued]

2 things. The disclaimer covers dangers associated with crowds. Also the judge is going to acknowledge that the party knowingly purchased a ticket to be in a large crowd of people and therefore put themselves in that situation under their own will.

Did you see my link with all the personal injury suits against the White Sox in Cook County alone?

 

The release is not binding, period. You want to know why the release is printed on the back of the ticket? To make people think that they can't sue. Judging by your position, it works.

[Sox being sued]

Sure it does. Just because you dont read the fine print doesnt mean it isnt binding. They put that stuff onto the ticket specifically for lawsuits like this one. Not reading the contract doesnt make you not liable.

Does putting up a "Beware of Dangerous Dog" sign on your fence protect you if your dog mauls somebody?

 

No, all it does is show you were on notice that you had a dangerous dog.

[Sox being sued]

Institute "you lose, you pay court costs and lawyer fees" into the USA and frivolous lawsuits like this one go bye, bye.

Frivolous is a word that lawyers and lay people define differently. To a lay person, a frivolous suit is one that they don't like, typically only politically conservative people toss this definition around.

 

To lawyers, a frivolous suit is one that has no basis in fact or law. This suit is obviously not frivolous.

 

Also fyi, frivolous suits are sanctionable under FRCP 11 and Section 1927 of the U.S. Code. There's already deterrence built into the system.

[Sox being sued]

Actually, wouldn't the Illinois Sports Facilities Authority, be negligent? The Sox just rent there. I don't know, I'm just asking.

Since that's a state entity, plaintiff will have to get around the state tort immunity statute. To do that, he'll have to show that the state willfully and wantonly (term of art, obviously) caused the harm. That's not happening.

And, who's to say this guy didn't wrench his back while going for the same t-shirt?

His doctor and any eyewitnesses. It could also be a pre-existing condition, although the incident could have exacerbated it.

 

[Sox being sued]

All I am saying is this case is not as clear cut as people are making it out to be.

Hinshaw or whoever else is defending the Sox will settle this case. It will depend on the injury and the medical bills.

 

[Sox being sued]

Doesn't the back of the ticket say organization is not responsibly of injuries that happen during the game, by baseballs, bats, etc.

 

Wouldn't that be enough to have the case dismissed?

Not typically. It's at the judge's discretion to determine whether the plaintiff understood the waiver, appreciated the risk, etc.

 

In my experience, and ironically enough, waivers are more likely to hold up when the plaintiff is a lawyer. Hard for a lawyer to argue that he/she didn't understand.

[Sox being sued]

It would be like the Adenhart family suing the drunken driver and his insurance company (hopefully he had coverage) for $100 million, projecting that's how much money Nick would have earned for his family had he not been killed at age 22...although I am sure the insurance company involved is probably pretty nervous about just such a lawsuit. If it was just an accident, that's one thing, but the added elements of fleeing the scene and drunk driving push it into another category of actionable offense/cause.

The drunk's insurance company will tender the policy, no questions asked. Their liability is capped, liability and damages are clear. If the policy was for more than $500,000, I'd be surprised.

[Sox being sued]

Why plaintiff's counsel would want this in federal court is beyond me.

 

And for what it's worth, the Sox get sued all the time.

 

https://w3.courtlink.lexisnexis.com/cookcou...+sox&CDate=

[Rumors: Sox/Reds Talking Dye for Bailey Swap]

Actually since the company is in bankruptcy they may be able to get more deals done then if Zell was making the decisions. As long as there is a solid business reason for the transaction the court appointed trustee will allow it especially if it increases the odds of the company netting a larger profit.

The team isn't in bankruptcy and the BK trustee has no say over any of this. The Trib's filing does not effect the Cubs, from a legal standpoint.

[CREDE CREDE CREDE]

I have a question for Crede's crew.

 

In their prime, perfectly healthy. Which would you rather have on your team.

 

1.) Robin Ventura

 

or

 

2.) Joe Crede

I think they're pretty comparable offensively, with Ventura hitting for a little better average and Crede having a little more power. Defense, give me Crede.

[CREDE CREDE CREDE]

If you want to move Konerko because he will be a 5 and 10 guy sure I can understand.

 

If you want to move Konerko because you are a Crede-fanboy and will trade anyone, and Jingle the lineup because you have this fantasy that he really really likes it here. And then you completely suspend belief and think that Boras and the sox will come up with a long time deal. I think you will wind up sad and confused in a bit.

Whew! Good thing I don't think that!

 

We're kind of up a creek without paddle with regards to Crede because he hasn't proven to have a ton of value on the trade market due to his injury and free agent status. Might as well hang onto him because I think he will have a good season and help us.

 

As for Konerko, he's got some value but age is going to start creeping up on him sometime soon. Anaheim still seems like the most likely trade partner, maybe getting Kendrick and Santana for him? It seems to me that would make the team better this year and in the future.

 

[CREDE CREDE CREDE]

Move Konerko to Anaheim while he is ripping the cover off the ball. Put Fields at first, leave Swisher in left.

 

 

 

[5-Year contracts for Pitchers]

Guys who suck get 3 year deals in this league now.

Mike Hampton did not and Barry Zito has not yet worked out well with their long term deals.

 

One of my old profs from law school used to do a lot of work for Reinsdorf and Einhorn back in the early 90's. Apparently their philosophy is that it's not the dollars that kill you in a contract, it's the years. If they gave Buehrle five years (which they will not, sadly), it would be an extreme exception to their rule.

[I think I say this on behalf of most of the people here...]

I can back it up because it's what I do. I support this team no matter what and deal with the growing pains rather than throw a hissy fit like a 2 year old.

Growing pains? This is NOT a team full of kids waiting to develop. This is 90% of the team that won it all two years ago and all of a sudden fell off the wagon. You can't look out on the field and see the future of the franchise, outside of Danks, Fields, and Jenks. All you can do is wonder who is being traded and for whom.

 

Even more disturbing is that they just dont seem to care. (see any of the recent player interviews talking about a lack of fire and/or intensity)

I, unlike a lot of posters here, dealt with the s*** of the 80's and early 90's WHILE paying for season tickets.

You're wearing that like a badge of honor, but to me it's just silly. To each his/her own though.

I also have plenty of friends who DON'T pay for season tickets but also don't cry like a sissy baby when the Sox have a bad year.

Who is crying? Between you and me, I'm the realist here.

You are a perfect example of a wagon jumper. Break a leg when ya fall off...

Says the lemming about to walk off the cliff.

I see he agreed with the Cubs fans being called enablers. Read much..?

He quoted my whole post.

[I think I say this on behalf of most of the people here...]

If it seems the same then you can not be helped. Common sense is something you have or you don't.

You can't back up what you say? Shocker!

 

PS - I assume you see LV agreed with my post. Another shocker!

[I think I say this on behalf of most of the people here...]

Refusing to financially support the team and telling them to "go to hell" are two very different things.

Explain, because telling them to go to hell seems to be about the same thing to me. Just a fan expressing anger that their team is awful.

Your post is s*** compared to LV's.

Go play in traffic. kthnx

[I think I say this on behalf of most of the people here...]

I think I say this on behalf on most of the people here when I say...

 

If you tell your team to "Go To Hell" you can jump on the next bandwagon passing by because 2005 was wasted on the likes of you.

Lame. That's the same crap Cub fans have spewed for years and there isn't an ounce of truth to it. Part of the damn reason why the Cubs always have and always will suck is that their management and ownership know that the lemmings will pack Wrigley and watch on WGN come hell or high water, so they have no incentive to put a quality product on the field. Hence, the true blue fans are part of the problem. They're enablers.

 

For me, there is no logical or rational reason to continue supporting this team. To do so is insanity.

 

EDIT: treed by ten minutes lol

[Buehrle to let Sox match any offers]

If the market deflates, it will be for the Gil Meche's and Ted Lilly's of the world. The Buehrle's and Zambrano's will get their money.

Buehrle looked a lot more like Meche than Zambrano last year.

[Lead off hitter]

If Pods is out for an extended period of time or hurt on and off all year. Who is gonna be our lead off hitter?

I guess Erstad or Gooch. Neither one is a true leadoff hitter, but they're the best options of a raggedy group of candidates.

[Jose Uribe dead in car crash]

Not sure if this is truly Sox related, but some here might be interested to know. CNN headline:

 

Authorities say former San Francisco Giants shortstop Jose Uribe was killed early today in a car crash in his native Dominican Republic, The Associated Press reports.

[Merkin Article - Ref: McCarthy]

I think Vazquez might make some sense out in the bullpen. He's usually lights out for the first 4-5 innings.

[How about this Idea?]

And yet people on here think that Freddy and his 86mph fastball, and one more year on his contract are worth more than Santana and Figgins by himself.

Freddy is 6-2 3.11 career in the postseason. 116-71 in the regular season isnt anything to sneeze at either, not to mention that he's a guaranteed innings eater.