At its core, a civil lawsuit is about money. Nobody pleads guilty. Nobody goes to jail. Someone either pays someone else or they don't.
That's why approximately 95% of civil claims Across the country, agreements have been reached before or during trial, legal experts say. Pre-trial investigations are usually comprehensive and mediation may result in agreements. Litigation is expensive, and both plaintiffs and defendants overwhelmingly prefer to eliminate the risk of an all-or-nothing jury verdict by agreeing to a compromise dollar amount.
That is why the case was brought by the family of the deceased Angels pitcher. Tyler Skaggs against Angels surprised some lawyers. A recent one-day conference between settlement attorneys went nowhere, and both sides are focused 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 were scheduled to open their series against the Texas Rangers. The Tarrant County Medical Examiner performed an autopsy and found that in addition to opioids, Skaggs had a blood alcohol level of 0.12. An autopsy revealed that he died of asphyxia after aspiration of his own vomit and that his death was accidental.
Former Angels public relations director Eric Kay was sentenced to 22 years in federal prison Tuesday after be convicted of providing counterfeit oxycodone pills laced with fentanyl, causing the Skaggs to overdose.
Prosecutors argued that Kay sold opioids to Skaggs and at least five other professional baseball players from 2017 to 2019. Multiple players testified at trial about receiving illegal oxycodone pills from Kay.
Skaggs family filed suit in June 2021alleging that the Angels knew or should have known that Kay was supplying drugs to Skaggs and other players. Testimony established that Kay was also a long-term user of oxycodone and that the Angels knew about it.
The angels responded by saying that former federal prosecutor hired by the team conduct an independent investigation into the circumstances that led to Skaggs' death and determined that no team management knew or was informed that any employee provided opioids to any player.
“The claims are completely without merit and the allegations are baseless and irresponsible,” the Angels said in a statement shortly after filing the suit. “The Angels organization strongly disagrees with the Skaggs family's claims, and we will vigorously defend these claims in court.”
The team has not budged from this position even after many years of discoveries that included more than 50 readingspre-trial ruling by the judge that Kay's conviction is beyond doubt during the civil trial, and Judge H. Shayna Colover denied the Angels' motion for summary judgment, saying, “The evidence is that… the Angels baseball players knew Kay was distributing drugs to players and did not take action to get him to stop.”
The settlement conference held between the Angels' lawyers and the plaintiffs, who include Skaggs' widow Carly, mother Debra Hetman and father Darrell Skaggs, simply underscored that both sides see 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 the California Evidence Code protects statements and conduct during conferences from being used to prove liability. However, legal experts said it was clear the two sides were still far apart on the value of the case.
“They definitely could have been talking about a settlement all along,” he said. Edson K. McClellanIrvine lawyer specializing in high-value civil and employment litigation. “I would be surprised if they don’t start negotiations for a settlement.”
The damages Skaggs' family is seeking include his projected future earnings and compensation for the pain and suffering the family endured.
Lawyers for the Skaggs family initially said they were seeking $210 million, although that figure has risen over four years of pre-trial proceedings. Angels lawyer Todd Theodora's claim at a hearing this summer that the plaintiffs were asking for $1 billion was rejected last week by a man in Skaggs' camp, who said, “We're not asking for anything like that. My God, the whole world would be turned upside down.”
Skaggs had undeniable earning potential. The left-handed first-round draft pick was just 27 years old and a regular member of the Angels' starting rotation at the time of his death. He earned $3.7 million in 2019 and likely would have made at least $5 million in his final year of arbitration before becoming a free agent after the 2020 season.
Even though Skaggs posted disappointing 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 up to 30 years old – from three to six years for 15-25 million dollars per year. And he might have earned another contract when he was about 30 years old.
Assuming he remains healthy (Skaggs missed the 2015 season due to Tommy John surgery and suffered other injuries during his career), experts say a reasonable projection of future earnings could exceed $100 million. However, his long history of drug use may cloud those predictions.
“Speculative projections that he would play another 10 years would result in a nine-figure award, but frankly, looking at the level of drug abuse, the jury may have doubts,” he said. Lauren Johnson-NorrisOrange County attorney.
Pain, suffering and mental anguish can increase the amount of compensation either from a jury verdict or a settlement. Legal experts expect Skaggs' lawyers, who include world-renowned Rusty Hardin And Sean Holley – to indicate that the loss of the husband or son around whom your life is centered is worthy of reward.
This week's opening statements should illustrate why the two sides are not close to a settlement.
Skaggs' lawyers will say the Angels are responsible for his death because they knew Kay was a heavy drug user and procured opioids for players, pointing to evidence that the Angels' team doctor Craig Milhouse prescribed hydrocodone to Kay 15 times from 2009 to 2012.
The Angels star will also likely be mentioned. Mike Trout who, according to testimony from former Angels employee Chris Constanti, offered to pay for Kay's drug rehab in 2018.
The Angels will respond by telling jurors that prosecutors in Kay's criminal case concluded he was not acting as an employee when he gave Skaggs oxycodone laced with fentanyl. Kay, not the team, was charged and convicted.
Skaggs and Kay, the Angels claim, were two men who committed criminal misdeeds in their spare time, and they hid it from the team. Attorneys for the Angels will tell jurors that taking opioids prescribed by a doctor while recovering from surgery is very different from Skaggs crushing and snorting counterfeit pills that were not prescribed to him.
Testimony will begin after opening statements, with current and former Angels executives Tim Mead, Tom Taylor and John Carpino expected to be called first.
And as lawyers make their best arguments and witnesses testify in a trial expected to last more than two months, both sides will silently evaluate whether reaching a settlement is in their best interests.
An agreement could be reached at any time, bringing the litigation to an abrupt end.
“Sometimes the reason for a settlement is a court decision or the good or bad actions of a witness,” McClellan said. “As litigation unfolds and evidence actually comes in, risk comes into focus and forces plaintiffs and defendants to evaluate their case in a clearer light.”
