Milton Bradley (yes, that’s really his name) of the San Diego Padres was ejected from a game on Sunday for arguing with an umpire. Bradley became enraged and had to be restrained, first by his first base coach and then by his manager, Bud Black. Black threw Bradley to the ground tearing Bradley’s anterior cruciate ligament; Bradley will miss the regular season and the playoffs. Here’s video of the incident:
Today comes news that MLB has suspended the umpire, Mike Winters, for the rest of the season. It seems that MLB believes Bradley’s story that Winters aimed obscenities at him, precipitating the altercation.
There’s a law school final exam question in here somewhere, but I can’t seem to find it. Is Milton Bradley the new Helen Palsgraf? Does he have an eggshell ACL? Did baseball take subsequent remedial measures? Was Bradley adequately provoked? Temporarily insane? Help me out here. Please.
(Cross-Posted at MoneyLaw)
Posted by Sam Kamin on September 26, 2007 at 06:27 PM
Comments
So many possible exam-ish Tort issues:
Q: Is Black liable to Bradley for battery?
A: As regards a battery claim brought by Bradley against Black, it seems likely that Black’s restraint of Bradley (technically a battery) would be deemed privileged. Black would have a good argument that his conduct constituted a reasonable defense of the umpire from battery by Bradley. (??)
Q: Is Bradley liable to the umpire for assault?
A: Probably — it seems likely that (from the umpire’s perspective) there was imminent apprehension of an unwanted touching. And provocation doesn’t usually cut it as a defense. (??)
Then again, I didn’t take the time to watch the video ….
Posted by: ktq | Sep 27, 2007 4:55:26 PM
Is this a risk Bradley consented to by playing baseball? What about Bradley’s reputation as an ox that gores?
Posted by: Vosberg | Sep 27, 2007 12:48:00 PM
I can’t answer your questions save to note that when Bradley was a Dodger he was (in)famous for his emotional meltdowns and tantrums/fits of rage. The Dodgers displayed patience with him, hoping he’d mature, but to no avail. Whatever may have precipitated the incident, it is hardly surprising it was Bradley who went ballistic, his career clearly evidences dispositional tendencies of that sort.
Posted by: Patrick S. O’Donnell | Sep 26, 2007 8:09:00 PM