Settlement talks fail as the trial between Skaggs and Angels begins
At its core, a civil lawsuit is about money. No one admits guilt. Nobody goes to prison. Either someone pays someone else or they don’t.
That’s why About 95% of civil lawsuits Legal experts say all parts of the country are reaching settlements before or during trial. Pretrial discovery is usually extensive and mediation can lead to agreements. Trials are expensive, and plaintiffs and defendants alike overwhelmingly prefer to eliminate the risk of an all-or-nothing verdict by a jury by agreeing on a dollar settlement amount.
This is also the reason behind the lawsuit filed by the family of the deceased Angels pitcher Tyler Skaggs Against the Angels surprised some legal experts. A recent one-day settlement conference between the attorneys came to nothing, and both sides are focusing on the trial, which begins Monday in Orange County Superior Court with opening statements and witness testimony.
Skaggs was found dead in his hotel room in Southlake, Texas, on July 1, 2019, before the Angels began a series against the Texas Rangers. The Tarrant County Medical Examiner performed the autopsy and found that in addition to the opioids, Skaggs had a blood alcohol level of 0.12. An autopsy concluded that he died of asphyxiation after inhaling vomit, and that his death was accidental.
Former Angels communications director Eric Kaye was sentenced to 22 years in federal prison on Tuesday afterward Condemnation for providing the counterfeit oxycodone pills laced with fentanyl that led to Skaggs’ overdose.
Prosecutors alleged that Kay sold opioids to Skaggs and at least five other professional baseball players from 2017 to 2019. Several players testified during the trial about obtaining illicit oxycodone pills from Kay.
Skaggs’ family filed a lawsuit in June 2021, alleging that the Angels knew, or should have known, that Kaye was supplying drugs to Skaggs and other players. Testimony proved that Kay was also a long-time user of oxycodone and that the Angels knew it.
The Angels responded by saying that a former federal prosecutor hired by the team to conduct an independent investigation into the circumstances leading to Skaggs’ death determined that no team executives knew or knew of any employee providing opioids to any player.
“The lawsuits are completely baseless, and the allegations are baseless and irresponsible,” the Angels said in a statement shortly after the lawsuit was filed. “The Angels organization strongly disagrees with the allegations made by the Skaggs family and we will vigorously defend these lawsuits in court.”
The team did not budge from this position even after years of discovery that included more than 50 statements, a pre-trial ruling issued by the judge Kay’s guilt cannot be questioned During the civil trial, Judge H. Shaina Colover denied the Angels’ motion for summary judgment by saying: “There is evidence that… Angels Baseball knew that Kay was distributing drugs to players and failed to take action to get him to stop.”
A settlement conference between the Angels’ attorneys and the plaintiffs — who include Skaggs’ widow Carly, mother Debra Heitman and father Darrell Skaggs — only confirmed that the two sides view the case very differently, according to people close to the negotiations who were not authorized to speak publicly about the case.
Settlement conferences are confidential, and California evidence law protects statements and conduct during conferences from being used to prove liability. However, legal experts said it is clear that the two sides remain far apart in assessing the value of the case.
“They were certainly talking about settlement the whole time,” he said. Edson K. McClellanan Irvine attorney who specializes in high-stakes civil and employment litigation. “I would be surprised if they weren’t involved in some settlement negotiations.”
The damages sought by Skaggs’ family include his expected future earnings and compensation for the pain and suffering the family suffered.
Lawyers for the Skaggs family initially said they were seeking $210 million, though that number rose during four years of pretrial litigation. A claim by Angels attorney Todd Theodora at a hearing this summer that plaintiffs were asking for $1 billion was shot down last week by someone in Skaggs’ camp who said: “We’re not asking for anything close to that. Oh my God, the whole world is going to be turned upside down.”
Skaggs had unquestionable earning potential. The left-handed former first-round draft pick was just 27 years old and an established member of the Angels starting rotation when he passed away. he He was making $3.7 million in 2019 and will likely make at least $5 million in his final year of arbitration before becoming a free agent after the 2020 season.
Although Skaggs posted average statistics — his earned run average was over 4.00 in each of his seven seasons and his career win-loss record was 28-38 — Free agent contracts For beginners under 30 it ranges from three to six years for $15,000 to $25,000 per year. He would have been due another contract in his mid-30s.
Assuming he stays healthy — Skaggs missed the 2015 season due to Tommy John surgery and has suffered other injuries during his career — experts said a reasonable prediction of future earnings could exceed $100 million. However, his established history of drug abuse could temper these expectations.
“The guesswork, which assumes he plays for another 10 years, pushes the award into nine figures, but frankly, given the level of drug use, jurors could have their doubts,” he said. Lauren Johnson Norrisa defense attorney based in Orange County.
Pain, suffering and emotional damage can add to the award either by jury verdict or settlement. Legal experts expect Skaggs’ attorneys — who have a national reputation Rusty Hardin and Sean Holley – To indicate that the loss of a spouse or child around whom your life revolves deserves an award.
Opening statements this week should make clear why the two sides are no closer to reaching a settlement.
Skaggs’ lawyers will say the Angels are liable for his death because they knew Kaye was a habitual drug user who purchased opioids for players, pointing to evidence that Angels team physician Craig Millhouse prescribed Kaye with hydrocodone 15 times from 2009 to 2012.
Angels star Mike Trout who, according to testimony from former Angels clubhouse host Chris Constanti, offered to pay for Kaye’s drug rehabilitation in 2018, will also likely be mentioned.
The Angels will respond by telling the jury that prosecutors in Kaye’s criminal trial concluded that he was not acting as an employee when he gave Skaggs oxycodone laced with fentanyl. Kai was charged and convicted, not the team.
The Angels would assert that Skaggs and Kay were two men who engaged in criminal misconduct in their private time and had concealed it from the team. The Angels’ attorneys will tell the jury that taking doctor-prescribed opioids while recovering from surgery is very different from Skaggs cutting up and snorting counterfeit pills that were not prescribed to him.
Witness testimony will begin after opening statements, and current and former Angels executives Tim Meade, Tom Taylor and John Carbino are expected to be the first to be called.
As lawyers present their best arguments and witnesses testify in a trial expected to take more than two months, both sides will silently evaluate whether seeking a settlement is in their best interest.
An agreement can be reached at any time, bringing the court proceedings to an abrupt end.
“Sometimes what leads to a settlement is a court ruling or a witness performing well or poorly,” McClellan said. “As the trial progresses and the evidence actually arrives, it brings into focus the risks and causes plaintiffs and defendants to evaluate their case in a clearer light.”