Definition of mixed emotions: a New York Yankee being sued. (I’m not a fan of either.) Last week it was Cory Lidle’s family being sued (and suing) over his fatal airplane crash; this one is slightly less serious. Last August, while Carl Pavano was pitching in the minor leagues, he got involved in a car accident in Florida. His car allegedly skidded on wet road, and slid into a vehicle stopped at a stop sign. So, obviously, this is the fault of… the New York Yankees. We know, because Ernest DeLaura, the driver of the other vehicle, filed a lawsuit in January naming both Pavano and the Yankees as defendants.
(Somehow, despite the fact that DeLaura was in a tractor trailer and Pavano was in a car, DeLaura claims he sustained “severe and permanent personal injuries,” while Pavano is healthy enough to play in the major leagues.)
Oddly, DeLaura filed the lawsuit in the Bronx, even though he’s a resident of Florida and the accident occurred in Florida; it’s not clear whether this has to do with the Bronx’s pro-plaintiff reputation or the inability of DeLaura to gain jurisdiction over the Yankees in Florida.
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He should have gone all the way and filed in Boston.
Actually, OBQ, now that I think about it, after the last two seasons, Pavano is probably less popular in the Bronx than anywhere else in the country.
How were the Yankess involved? He wasn’t even pitching for them when the crash occurred.
For that matter, whether he’s healthy enough to play in the majors is indeed a matter of dispute.
Federal Dog: although he was assigned to the minors, he was still an employee of the Yankees. (He was on an injury rehabilitation assignment in the minors.) The theory must be respondeat superior — that is, an employer is liable for the actions of his employees. But that only applies when the employee is on the job. Hard to figure out how driving around with his girlfriend constitutes being on the job.
Ordinarily, one would categorize the naming of the Yankees as chasing deep pockets, except in this case, Pavano himself is a deep pocket, having previously signed a $40 million contract with the Yankees.
David: Thanks. I did not see in the article that he was still employed by the Yankees. Damn those frolicking employees!
Hmm, 2.7 million people are injured each year in traffic crashes. The vast majority of those must involve people who have employers. I see a new industry here.
Bonus points for the first case in which a drunk driver hits a tree and kills himself, and then his family sues his employer. I am sure that has happened by now in a case where a drunk employee was sent home and hit a person or object, so to claim your bonus points the crash must have had no connection to work, ideally while the driver was on vacation in another state or country.