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Through the first month of the season, no starting pitcher has struck out more batters per nine innings than Gerrit Cole. Cole is a talented pitcher whose fastball sits at nearly 97 mph. He also seems to have made some improvements since joining the Astros. His appearance at the top of the strikeouts leaderboard isn’t a surprise.

Next on that same list is reigning National League Cy Young-winner Max Scherzer. Scherzer is routinely considered one of the three best pitchers in baseball. Last year, he recorded the 13th-best strikeouts-per-nine mark ever. His appearance near the top of the strikeouts leaderboard isn’t a surprise.

After those two, one finds Marlins pitcher Caleb Smith. Smith is left-hander who was acquired in the offseason in a trade featuring international pool money from the Yankees as New York went after Shohei Ohtani. Smith neither throws 97 mph, nor has he won a Cy Young Award. It would be fair to characterize Smith’s performance so far this season as surprising.

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This is Shakeia Taylor’s fourth and final piece as part of her April Residency at FanGraphs. Shakeia is an avid baseball fan and baseball history enthusiast. Her main interests include the Negro Leagues and women in baseball. She has written for The Hardball Times and Complex. She hosts an annual charity bartending fundraiser for Jackie Robinson Day, all of tips and raffle proceeds of which are donated to the Jackie Robinson Foundation. Though not from Baltimore, she’s still an Elite Giant. Shakeia can also be found on Twitter (@curlyfro).

“I believe God Almighty hisself would have trouble handling Richie Allen.”

–Phillies interim manager George Myatt, 1969

Despite a somewhat itinerant career and a relative lack of notoriety, there’s some evidence to suggest that Richard Anthony Allen was among the best players of his era. From the moment he debuted, Dick Allen made an impact, nearly helping the Phillies win their first National League title since 1950 in his rookie season. His professional baseball resume features a .292 career batting average, including seven seasons of .300 or better. He won the 1964 Rookie of the Year award and the 1972 MVP award. He posted a .534 career slugging percentage, which ranks second best among qualified players during his career. During the period in which he was active, Allen also produced the eighth-highest WAR among all position players — more wins than Hall of Famers Lou Brock or Willie McCovey or Willie Stargell recorded during the same timeframe, despite all benefiting from more plate appearances than Allen.

While Allen was noted for his talent, he also developed a reputation as one of the most controversial players in the game. He arrived for games hungover and would smoke in the dugout. He was often fined for showing up late or not showing up at all. He was known as a “divisive clubhouse guy.” His attitude would shape future perceptions of him, changing the way fans viewed him as a player.

As the years have passed, though — and as his Hall of Fame case has been evaluated and re-evaluated — those perceptions have shifted, giving way to a more complete understanding of what he endured. Many attribute his “bad attitude” to the racism and mistreatment he suffered in the minor leagues, an unfortunate trend that would follow him to the Phillies clubhouse.

Allen suffered through more unfortunate chapters that I can recount here, but perhaps the defining one came before a game on July 3, 1965, when Allen got into a brawl with Phillies teammate Frank Thomas. According to late Daily News writer Bill Conlin, the fight stemmed from an incident a week earlier when Thomas jokingly asked Allen, “Hey, boy, can you carry my bags to the lobby?” The fight solidified Allen’s bad reputation; his life in Philadelphia became hell. The city was still dealing with the effects of the 1964 racial riots and many white people sided with Thomas. The team put Thomas on irrevocable waivers. Fans began to boo loudly after Thomas, in a radio interview, said that Allen should’ve been punished, too. Allen’s left shoulder was injured in the fight with Thomas, making it difficult to play third base. He was moved to left field. The booing turned to death threats, which turned into fans throwing things at Allen on the field. He began to wear a helmet in the outfield to protect himself from further injury.

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The Dodgers’ 2018 season has already seen its share of insult and injury, but Monday brought the coup de grâce: Corey Seager will miss the remainder of the year due to Tommy John surgery on his right elbow. His loss means that the defending NL champions, who have limped through March and April with a 12-16 record, will never get a chance to field their best lineup, with Seager alongside third baseman Justin Turner, who’s been sidelined by a broken left wrist since March 19.

Seager has had elbow problems since late August of last season, when inflammation limited him to pinch-hitting duty during an 11-game span that was part of the team’s dreadful 1-16 tailspin. Though he said that the injury bothered him more while throwing than while batting, he struggled at the plate for the remainder of the season and into the postseason; his absence from the team’s NLCS roster was due to a back strain, not the elbow. In the wake of an MRI taken at the beginning of the offseason, TJ surgery wasn’t considered as an option, and Seager spent the winter working on rehabbing and strengthening the elbow. He didn’t play shortstop in a spring-training game until March 7.

Seager aggravated his elbow making a pair of relay throws in a loss to the Giants, and an MRI taken on Monday revealed “a much worse” injury than before. “There was no gray area as to what the right decision was,” he told reporters. Given the typical nine- to 12-month rehab period for a position player undergoing TJ, Seager might have missed the entire 2018 season anyway if his November MRI had been more conclusive.

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Ben Lindbergh and Jeff Sullivan banter about Steven Brault’s non-strikeout streak, the failing Wilmer Font and Kazuhisa Makita, the excellent Ozzie Albies, scouting Pablo Sandoval’s pitching, a silly Salvador Perez-Tim Anderson dust-up, the AL Central’s weakness so far, the streaking Diamondbacks, Adrian Gonzalez getting booed in San Diego, and a dead man rounding the bases, then talk to Baseball Prospectus’s Rob Mains about why ticket prices won’t go down, why player salaries have little to do with the cost of attending games, when free admission might make sense, and how baseball in 2018 does and doesn’t resemble baseball in 1968.

Audio intro 1: Mother McRee’s Uptown Jug Band Champions, "Boo Breaks"
Audio intro 2: Lord Huron, "Dead Man’s Hand"
Audio interstitial: Superchunk, "Saving My Ticket"
Audio outro: The New Pornographers, "High Ticket Attractions"

Link to Jeff’s Shohei Ohtani post
Link to Pages From Baseball’s Past newsletter
Link to Rob’s article about ticket prices
Link to Rob’s article about baseball in 1968

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Episode 811
Shakeia Taylor’s work has appeared both at Complex and The Hardball Times. Most relevant to this episode, she has also served as FanGraphs’ resident for the month of April. On this edition of the program, she discusses Cleveland baseball and Chicago baseball and youth baseball.

Don’t hesitate to direct pod-related correspondence to @cistulli on Twitter.

You can subscribe to the podcast via iTunes or other feeder things.

Audio after the jump. (Approximately 57 min play time.)

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The Diamondbacks are way out in first place in the National League West, and while the biggest story might arguably be the early struggles of the Dodgers, Arizona has issued an immediate reminder that last year this club just won 93 games. J.D. Martinez is gone, playing now in Boston. Steven Souza Jr. is on the disabled list. Jake Lamb is also on the disabled list. But the Diamondbacks have still thrived, not even needing that many surprises. Patrick Corbin is one — his development has been an encouraging turn. And then there’s the matter of the shortstop. The no-hit glove guy who had to fight for a job.

Before the year, for the Effectively Wild podcast, Ben Lindbergh and I ran our annual season-preview series. When it came time to talk about the Diamondbacks, we chatted with guest Nick Piecoro. Piecoro expressed what I found to be a surprising amount of optimism about Nick Ahmed. Ahmed had never before hit well in the majors, and his peripheral skills didn’t suggest a strong offensive foundation. How many no-hit shortstops figure it out at 28? Ahmed was never a threat. Suffice to say Piecoro caught me off guard.

And now here we are, and as early as it is, Ahmed owns a three-digit wRC+. By itself, that’s not much. Roughly half of all batters will have a three-digit wRC+. But you have to remember where Ahmed is coming from. You have to remember his record.

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The Shohei Ohtani frenzy has at least somewhat died down. This will by no means be a permanent thing, but, to a certain extent this is always inevitable, whenever something new isn’t so new anymore. We’ve seen Ohtani now. We’ve celebrated him. We’ve celebrated the pitching, and we’ve celebrated the hitting. On top of that, Ohtani hasn’t played very much lately. There’s been a blister thing, and now there’s an ankle thing, and while these things aren’t particularly serious, Ohtani has batted just twice over the past week, and he’s started one game on the mound. Neither of his last two pitching starts has been great.

The internet, you might say, is waiting for Shohei Ohtani to have another moment. After all, we all just want to be impressed. But in reality, Ohtani just had another moment. On Friday night, Ohtani hit a home run. And not a regular, run-of-the-mill home run. This requires a little bit of background, but that home run was really amazing. Ohtani is developing before our very eyes.

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Lots of things went right last year in the Yankees’ run to the American League Championship Series.

This wasn’t one of them.

The player you see here is Dustin Fowler, who was making his major-league debut for the Yankees. Fowler, in a haunting echo of Moonlight Graham, never got to bat in that game; he had been due up in the top half of the second. Fowler suffered an open rupture of his patellar tendon on the play and required emergency surgery.

During his recovery, he was traded to the Athletics in the Sonny Gray deal.

How Fowler is expected to develop as a player in the wake of his injury is a worthy line of inquiry; however, it’s not the one I’ll pursue here. Rather, my interest is in the lawsuit that Fowler filed against the White Sox in the wake of his injury — a lawsuit that remains pending.

Fowler’s suit, on the surface, is pretty simple. Fowler has sued two parties — both Chicago White Sox, Ltd. (the limited partnership that owns the White Sox) and the Illinois Sports Facilities Authority (the Illinois government agency that actually owns Guaranteed Rate Field, where the White Sox play). The complaint alleges two counts, one against each Defendant, and sounds in both simple negligence and a peculiar creation of Illinois law known as “willful and wanton conduct.” Essentially, Fowler alleges that, although the wall into which he crashed was padded, an electrical box located there wasn’t.

Here’s the relevant passage:

Let’s start with the obvious question: whither the electrical box? It’s hard to tell from the video. A still image from the above provides some sense, but it’s also easy enough not to notice.

In fact, the Chicago Tribune reported after the game that video seemed to show Fowler missing the exposed electrical box, which is there to provide wifi to fans. Based on that video, the Tribune reported in the same story that no changes would be made to the stadium.

The Tribune, however, appears to have been a bit premature in their reporting. Later image seemed to suggest Fowler did make contact with the electrical box. (You can see the best ones via Newsday here.) The fact that the box is so hard to see — it’s designed to blend in with the wall — is actually part of Fowler’s lawsuit.

So we know the box is there, and that — it appears, at least — Fowler’s knee did impact it. So that leads to the second question: are the White Sox and the ISFA legally responsible?

Last year, Nathaniel Grow took an excellent look at workers’ compensation for professional athletes. Like in many states, Illinois has a law which says that, for the most part, you can’t sue your employer for an injury you suffer on the job. That’s the reason workers’ compensation exists. In Fowler’s case, though, while he is suing for an injury that occurred on the job, he is not suing his employer. As a result, this isn’t a workers’ compensation issue, and Fowler’s negligence claim isn’t barred on that basis.

Michael McCann did a nice run-through of Fowler’s suit back when it was first filed, and I encourage you to read it in full. But negligence law in torts is a lot more complicated than it might seem, and since I’m an Illinois lawyer, I figured I might examine this from a more local perspective. To establish negligence, a plaintiff generally has to plead and prove all of the following:

1. The existence of a legal duty owed by the defendant to the plaintiff;
2. The breach of that legal duty by the defendant;
3. That the breach by the defendant caused an injury to the defendant; and
4. That the injury is a real and cognizable harm.

Lawyers generally turn these elements into the shorthand of DBCH, which is short for duty, breach, causation, and harm. Illinois follows the traditional negligence standard, with those same four elements: “To state a cause of action for negligence, a plaintiff must plead the existence of a duty owed by the defendant to the plaintiff, a breach of that duty, an injury proximately caused by the breach, and damages.”

The tricky thing with negligence suits is twofold, though. First, you are basically punishing a defendant for what it did or didn’t do even though those actions weren’t intentional. That means that, every time you find for a plaintiff, you are necessarily saying the defendants have to undertake an obligation to protect people that otherwise wouldn’t exist. That, of course, has real social and economic costs, so courts tend to be wary of pushing the creation and application of legal duties too far. Second, because we’re talking about unintentional conduct here, there are a lot of defenses to negligence that don’t apply anywhere else in the law. These are things like contributory or comparative negligence (sometimes called comparative fault), assumption of the risk, and others which vary by state.

The first question, then, is whether the White Sox and ISFA owed a legal duty towards Fowler. In this case, there are two types of possible duties. (Actually, there are more, but we have limited space here.) There could be a “duty to warn.” That would mean anything from a sign down the right-field line saying “beware of box,” to actually telling Fowler about the box’s existence before the game, to just painting the box a bright shade of yellow so it stands out. On the other hand, there could be a “duty to protect” Fowler, with things like padding on the box or just the complete relocation of the box to somewhere outside the field of play.

Obviously, all of these points relate to the defendants, because the defendants are the ones with control over the box. That doesn’t always happen in negligence cases. What that means, though, is that a court will have to decide whether the law imposes a duty on ISFA and the White Sox either to warn players or protect them from hidden on-field hazards and — if so — how far that duty goes. Many states have accepted what’s called the “Learned Hand Rule” as the gold standard for whether to impose a duty on a defendant. Named for Judge Learned Hand (yes, that really was his name), the Learned Hand Rule uses what’s called “law and economics” to determine whether a duty should be imposed on a defendant. I personally think of the Learned Hand Rule as the “FanGraphs Method” of Negligence. Professor Doug Holden explains why:

This formula lists three factors:

1. Probability of harm (or likelihood of injury) and = P
2. Gravity of harm (or seriousness of injury) as weighed against = L (loss or liability)
3. Burden on defendant (or injury sacrificed) to take adequate precautions = B.

Therefore, if B < P x L, then you have unreasonable behavior. If you have unreasonable behavior, then there is a breach of duty.

This is a useful little algorithm for identifying breach of duty. In practice, however, judges don’t like to sit and calculate such variables like Learned Hand did. So somewhere along the line, the Learned Hand rule went from functioning as a mathematical calculation to serving as a guidepost to then becoming the rule that a party has a duty to all persons who could suffer a “reasonably foreseeable” harm as a result of the former’s actions.

Illinois follows that “reasonably foreseeable” standard. So, in this case, the question is whether it was reasonably foreseeable that a player like Fowler would injure himself on the electrical box. Given that much of the rest of the wall is padded, it’s clearly foreseeable that a player could be injured by colliding with an unpadded wall. By extension, it seems reasonably foreseeable that an unpadded box could also cause harm. Therefore a duty does exist to take adequate precaution. And theoretically, since the burden on the defendant is minimal — like spray-painting the box yellow or a few feet of padding — the Hand formula weighs in favor of Fowler, too.

Next is whether the ISFA and White Sox breached their legal duty to Fowler. To that point, we know they didn’t pad the box. We also have no reason to believe they warned Fowler, either. Of some relevance here perhaps is a doctrine in the law called “res ipsa loquitur.” Res ipsa loquitur basically means that if a defendant exercises exclusive control over an object — like an electrical box — and the object harms someone, the law presumes the defendant was negligent even in the absence of evidence of negligence. Here, I think there is that evidence of negligence, though: the existence of the padding elsewhere. Remember when we discussed protective netting that I explained the “voluntary undertaking doctrine”?

Here’s a refresher:

The Illinois Supreme Court, for example, explained in Nelson v. Union Wire Rope Corp. that, where a company voluntarily does something it wasn’t legally obligated to do, that company is liable for failing to do so reasonably. In some states (like Illinois, for instance), this is known as the voluntary undertaking doctrine.

If the ISFA and White Sox voluntarily undertook to protect fielders by padding the wall but didn’t pad the box, that’s negligence because they failed to complete the job reasonably.

Next are causation and harm. Did the box cause Fowler’s injuries? Well, the impact is what tore his knee open. I could talk about proximate cause and cause-in-fact, but we don’t really need to here. Because the injury was foreseeable and a direct result of an impact with the box, causation’s probably satisfied.

So what defenses do the ISFA and White Sox have? Their primary argument is probably going to be that they didn’t owe Fowler any duty. But in an Illinois court, that’s unlikely to hold water simply because Illinois courts have adopted the reasonable foreseeability standard. And they could argue that Fowler assumed the risk of being injured, but it’s hard to argue that running into things is part of baseball the way being hit by a pitch is. And they can’t argue that Fowler wasn’t injured, because even though he’s back and playing, his injury was very real, which in and of itself entitles him to damages under Illinois law.

So they tried something else. Shortly after Fowler filed his lawsuit, the ISFA and White Sox removed the case to federal court. The White Sox then moved to dismiss the case, arguing that it was preempted by the CBA. The White Sox invoked the Labor Management Relations Act (“LMRA”), a federal law stating (in Section 301) that federal courts, and federal law, govern all employment disputes where the rights of the parties have been collectively bargained. As the White Sox argue, “Plaintiff alleges that he was injured as a result of an incident that took place only because he was employed as a Major League Baseball Player pursuant to a highly regulated contractual employment relationship that specified all of the rights and duties of the respective parties – including with respect to Players health and safety.” Here, the White Sox point to Article XIII of the CBA, which governs players’ safety and health.

Here we return to the issue of “willful and wanton conduct” cited at the outset of this piece. In Illinois, under a case called Ziarko v. Soo Line Railroad, willful and wanton conduct represents something more severe than just negligence, but not so severe as intentional conduct. It’s akin to recklessness. And generally, in Illinois, you can’t disclaim willful and wanton conduct by contract. Moreover, Fowler argues, the CBA doesn’t actually cover situations like this, which means the CBA doesn’t preempt Fowler’s claims.

On that basis, Fowler wants the case sent back to state court.

This is one case where both sides appear to have strong arguments, and there’s ample case law going both ways. I tend to think Fowler has the better of the argument, but I don’t see this as being a clear-cut issue, particularly given the unusual set of facts. Many of the cases cited by both sides, like Stringer v. NFL, concerned situations where the player was injured by or on his own team’s facilities or lack of care. And even there, courts often split the proverbial baby, allowing some claims through and not others. The issue is currently being briefed, and Judge Gary Feinerman will rule sometime in June or July.

Meanwhile, Dustin Fowler hasn’t yet exhibited the form that made him a top prospect when he debuted last June. After a 138 wRC+ last year at Triple-A, he has just a 84 wRC+ for Oakland’s highest affiliate this year through 97 plate appearances. On the plus side, he’s already stolen five bases.