Jury Finds Player Liable for Attack on another Player, Absolves Team
A federal jury has awarded a minor league baseball catcher $940,000 in damages in a case in which former Major League Baseball player Jose Offerman charged the mound after being hit by a pitch, his bat in hand, and ultimately injured the catcher, who was trying to protect his pitcher.
The incident occurred on Aug. 14, 2007 in a game between the Bridgeport Bluefish and the Long Island Ducks.
Offerman, who played for the Ducks, was held solely liable. His attorney, Frank Riccio II, said his client would appeal.
Catcher Johnathan Nathans, who claimed the attack left him permanently disabled with daily bouts of vertigo, splitting headaches, nausea and other problems, never played professional baseball again after that game. Initially, he was seeking $4.8 million for his injuries from Offerman and the Ducks.
Josh Koskoff, one of Nathans’ attorneys, expressed disappointment to the Connecticut Post that the Ducks escaped liability. “We would have liked to have seen Mr. Offerman’s team, the Long Island Ducks, take some responsibility,” he told the paper. “Obviously, they threw their player under the bus. Employers must stand by their employees.”
Daniel Fitzgerald, an attorney with Brody Wilkinson PC and the founder and editor of the blog Connecticut Sports Law (www.ctsportslaw.com), offered the following insights on the decision:
On-field behavior is typically not actionable unless the behavior transcends the normal boundaries of the sport. The video of Offerman’s behavior clearly shows that he crossed those boundaries.
Although Nathans brought suit against Offerman’s team, it seems difficult to hold the team responsible for Offerman’s attack unless the team had reason to believe that he might behave that way, or unless he was instructed to charge the mound.
The severity of Nathans’ injury was an important consideration for the jury in awarding damages. Nathans’ post-baseball accomplishments — including running marathons, completing law school and becoming a trial lawyer — were used by the defense in an attempt to minimize damages.
