Jason LaRue gets moved to the 60-day disabled list due to Johnny Cueto’s kick to Jason’s head:
Suspensions obviously aren’t intended to be eye-for-an-eye punishments, but it sure doesn’t seem fair that the guy who got kicked in the head is going to miss the rest of the season and the guy who kicked him in the head missed one start. Of course, there’s also a decent chance the Cardinals try to dole out their own punishment to Cueto the next time he pitches against them.
I’ll ask the lawyers who read this site, can LaRue sue Cueto? Kicking in the head isn’t normal in a baseball fight, and given that Cueto kicked both LaRue and Carpenter, it seems very malicious. Maybe the Cardinals should sue Johnny, so it’s not player on player.
Certainly he can sue. Now as to whether 1) the case doesn’t get dismissed or 2) the trier of fact rules in his favor, well that’s another story. But as for filing a lawsuit, yes he can do that.
This issue was debated on Viva El Birdos. A lawyer chimed in to comment that there is an inherent risk in playing, and being involved in such a scrum (which LaRue didn’t exactly run away from.) It’s an abnormal way to fight, but the lawyer’s opinion was that a suit would be tossed.
The question essentially comes down to whether La Rue consented to the assault, either by virtue of playing the sport (on the theory that such fights are a part of baseball) or by being a part of, or initiating, the fight with Cueto.
There are, as always, lots of other issues — but while not being an expert in this area of law, I’d bet that La Rue would stand a good chance of not being thrown out of court, and of prevailing in such a suit.
Of course, then I’d be in legal trouble for gambling.
@Capybara: Thanks.