Harold Kasselman's Blog - Posts Tagged "ron-darling"
Dykstra vs. Darling
Ron Darling,former major league pitcher and current broadcaster, has just published a book about his time in baseball. Nothing new there, but it has gained some unfavorable notoriety. His book "108 stitches" could lead Darling to defend a defamation law suit brought by former Met and Phillies player Lenny Dykstra. Darling alleged that during game three of the 1986 World Series, Dykstra taunted Red Sox pitcher Dennis "Oil Can Boyd" with the most hateful and disturbing racial epithets that went beyond even what Jackie Robinson endured.
https://nypost.com/…/ron-darlings-tel...
As a result, Dykstra says he will sue Darling and his publisher for defamation. As the above article sets forth, many of Dykstra's teammates denied having heard the slurs or that the incident ever happened. Dykstra has to prove that Darling knew the incident was falsely told or that he did so in reckless disregard for the probability that it was false.But what got me thinking is, even if Darlings statements are false, what kind of damages could Dykstra possibly get if he won. It's no secret that Dykstra has been convicted of grand theft auto, and filing a false financial statement. Dykstra was named in the Mitchell report(named after former Senator George Mitchell) as being named as a steroid user while playing baseball. Wikipedia lists many other incidents of misbehavior including a car crash with an alcohol reading of 0.179 in 1991, a 1999 arrest for sexual harrassment on a seventeen year old(later dropped), In March 2009, press reports alleged that Dykstra's businesses were facing financial ruin and that he had used offensive terms when speaking about blacks, women and homosexuals.
In September 2009, he was banned from both of his foreclosed multimillion-dollar properties in Lake Sherwood, from which security officers were instructed to deny him access. He was accused of vandalizing the properties and not maintaining homeowners' insurance on them, and the court assigned a trustee to manage them.
In December 2010, Dykstra was accused of hiring a female escort and then writing her a bad $1,000 check: adult-entertainment star and escort Monica Foster claimed he had hired her on December 13, 2010 and then wrote her a worthless check. Monica Foster later posted a copy of the check on her blog.
In January 2011, Dykstra was accused of sexual assault by his housekeeper, who alleged that he would force her to give him oral sex on Saturdays. The woman told investigators "she needed the job and the money, so she went along with the suspect's requests rather than lose her job," according to the filing, and "returned to work in the suspect's home with knowledge obtained from the Internet about a claim of sexual assault by another woman."
On April 14, 2011, Dykstra was arrested and charged with bankruptcy fraud. The Los Angeles Police Department Commercial Crimes Division also arrested Dykstra on separate grand theft charges related to the purchase of vehicles. He was held on $500,000 bail
On August 25, 2011, Dykstra was charged with indecent exposure. The Los Angeles City Attorney accused him of placing ads on Craigslist requesting a personal assistant or housekeeping services. The victims alleged that when they arrived, they were informed that the job also required massage service. Dykstra would then disrobe and expose himself.[66]
On May 23, 2018, Dykstra was arrested after uttering terroristic threats and for possession of drugs. He allegedly held a gun to his Uber driver after the driver refused to change destinations.[67] On October 10, 2018 Dykstra was indicted by a New Jersey grand jury for cocaine and methamphetamine possession, and making terroristic threats
So with those things in mind, Dykstar to prevail and win damages must prove that he suffered an injury to his reputation or or which exposes him to hatred, contempt or ridicule, or to a loss of the good will and confidence felt toward him/her by others. Dykstra has to prove that Darling's conduct was a substantial factor in causing him material, economic or financial losses. Evidence of embarrassment, mental suffering or physical sickness will not, without more, entitle to these damages. So again, what economic damages has Dykstra lost as a result of this book to an already tarnished reputation? Of course there can be emotional damages but ONLY if it was a result of what it did to his reputation.
Lastly, there is always a chance for punitive damages. Those are imposed by a jury as a deterrence-to punish the publisher and Darling for their conduct and to deter others from that conduct. But the mere act of (making) (publishing) the defamatory statement is not sufficient to justify an award of punitive damages. The evidence must establish ill feeling, personal hostility or spite, or an actual desire to hurt Dykstra without belief or without any reasonable grounds to believe in the truth of the defamatory statements.
In conclusion, I doubt seriously that Dykstra will sue. It is my opinion that even if he does, he will not get a monetary reward.
https://nypost.com/…/ron-darlings-tel...
As a result, Dykstra says he will sue Darling and his publisher for defamation. As the above article sets forth, many of Dykstra's teammates denied having heard the slurs or that the incident ever happened. Dykstra has to prove that Darling knew the incident was falsely told or that he did so in reckless disregard for the probability that it was false.But what got me thinking is, even if Darlings statements are false, what kind of damages could Dykstra possibly get if he won. It's no secret that Dykstra has been convicted of grand theft auto, and filing a false financial statement. Dykstra was named in the Mitchell report(named after former Senator George Mitchell) as being named as a steroid user while playing baseball. Wikipedia lists many other incidents of misbehavior including a car crash with an alcohol reading of 0.179 in 1991, a 1999 arrest for sexual harrassment on a seventeen year old(later dropped), In March 2009, press reports alleged that Dykstra's businesses were facing financial ruin and that he had used offensive terms when speaking about blacks, women and homosexuals.
In September 2009, he was banned from both of his foreclosed multimillion-dollar properties in Lake Sherwood, from which security officers were instructed to deny him access. He was accused of vandalizing the properties and not maintaining homeowners' insurance on them, and the court assigned a trustee to manage them.
In December 2010, Dykstra was accused of hiring a female escort and then writing her a bad $1,000 check: adult-entertainment star and escort Monica Foster claimed he had hired her on December 13, 2010 and then wrote her a worthless check. Monica Foster later posted a copy of the check on her blog.
In January 2011, Dykstra was accused of sexual assault by his housekeeper, who alleged that he would force her to give him oral sex on Saturdays. The woman told investigators "she needed the job and the money, so she went along with the suspect's requests rather than lose her job," according to the filing, and "returned to work in the suspect's home with knowledge obtained from the Internet about a claim of sexual assault by another woman."
On April 14, 2011, Dykstra was arrested and charged with bankruptcy fraud. The Los Angeles Police Department Commercial Crimes Division also arrested Dykstra on separate grand theft charges related to the purchase of vehicles. He was held on $500,000 bail
On August 25, 2011, Dykstra was charged with indecent exposure. The Los Angeles City Attorney accused him of placing ads on Craigslist requesting a personal assistant or housekeeping services. The victims alleged that when they arrived, they were informed that the job also required massage service. Dykstra would then disrobe and expose himself.[66]
On May 23, 2018, Dykstra was arrested after uttering terroristic threats and for possession of drugs. He allegedly held a gun to his Uber driver after the driver refused to change destinations.[67] On October 10, 2018 Dykstra was indicted by a New Jersey grand jury for cocaine and methamphetamine possession, and making terroristic threats
So with those things in mind, Dykstar to prevail and win damages must prove that he suffered an injury to his reputation or or which exposes him to hatred, contempt or ridicule, or to a loss of the good will and confidence felt toward him/her by others. Dykstra has to prove that Darling's conduct was a substantial factor in causing him material, economic or financial losses. Evidence of embarrassment, mental suffering or physical sickness will not, without more, entitle to these damages. So again, what economic damages has Dykstra lost as a result of this book to an already tarnished reputation? Of course there can be emotional damages but ONLY if it was a result of what it did to his reputation.
Lastly, there is always a chance for punitive damages. Those are imposed by a jury as a deterrence-to punish the publisher and Darling for their conduct and to deter others from that conduct. But the mere act of (making) (publishing) the defamatory statement is not sufficient to justify an award of punitive damages. The evidence must establish ill feeling, personal hostility or spite, or an actual desire to hurt Dykstra without belief or without any reasonable grounds to believe in the truth of the defamatory statements.
In conclusion, I doubt seriously that Dykstra will sue. It is my opinion that even if he does, he will not get a monetary reward.
