You are technically correct, however...
... in my state we have a legal concept for tort lawsuits that allows the court to assess all damage claims against the deepest pockets, regardless of the contributory level of their fault.
Thug Christenses has destroyed whatever professional baseball career Molina had, while he proceeds to enjoy his own. Thug Christensen deliberately, with forethought, and with intent to harm, destroyed Molina's professional career, inflicted pain, caused injury that required medical treatment, and foreever changed the life of Molina.
Let's look at the umpire's contribution to this. The intent of the on deck circle rule is to keep opposing players away from the other dugout to avoid harrassment. It is not to avoid lethal weapons being hurled at them from the field. Could this have been avoided if the blue had enforced the on deck rule? Maybe. Maybe not. Maybe Thug Christensen remembered Molina had hit a home run against him the last time they met, and he would have beaned him when he came up to bat anyway. Maybe he just took this opportunity instead of waiting. The umpire's contribution to this criminal act is minimal, IMO.
One could make similar arguments for all of the other co-conspirators you mention, with the exception of the pitching coach who, IMO, deliberately coached his players to use the baseball as a weapon.
Thug Christensen is the only person who should be held liable for damamges here, IMO. I could be convinced that the pitching coach should also be held liable for damamges, but justice would dictate (IMO) that Thug Christensen's professional salary be garnished and given to Molina for years to come.
Just my opinion. I won't make the jury, so it is just my opinion.
[Edited by Dakota on Mar 2nd, 2001 at 01:14 PM]
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