SANTA ANA (CNS) – Jury selection is expected to conclude Monday, followed by opening statements, in the wrongful death lawsuit filed by the widow and parents of Los Angeles Angels pitcher Tyler Skaggs.
On Friday, a six-man and six-woman panel was sworn in. Later Monday a panel of six alternates will be picked to serve as replacements if needed during the expected two-month trial.
Skaggs’ widow, Carli, filed the lawsuit along with his parents, Debbie Hetman and Darrell Skaggs, against Angels Baseball, alleging wrongful death revolving around the narcotics the 27-year-old received from communications director Eric Kay, who was convicted of federal drug charges and sentenced to 22 years in prison.
The plaintiffs allege negligence in the way the team supervised Kay and kept him on the payroll. The defendants will argue that Kay was not acting “within the scope of his employment” with the club and denies it was negligent in the way it handled Kay’s employment.
Angels attorneys are expected to argue that Skaggs was “comparatively negligent” through his substance abuse problems.
Skaggs was found dead in a hotel room while on a road trip with the team July 1, 2019. Kay was convicted of providing the fatal dose of fentanyl to Skaggs.
The plaintiffs contend the team knew or should have known Kay was providing drugs for Skaggs such as the narcotic painkiller oxycodone. The plaintiffs also alleged he was providing drugs to at least five other players and that Kay had his own substance abuse issues.
Angels attorneys wanted to argue that there were many other contributing factors to Skaggs’ death, but Orange County Superior Court Judge Shaina Colover ruled that the team will be limited to the evidence at the criminal trial that concluded Kay dealt the fatal dose to Skaggs.
Colover ruled that the Angels could still present evidence of other factors that may have contributed to his death. Angels attorneys wanted to present evidence that disputed Skaggs’ cause of death.
Angels attorney Todd Theodora argued in a hearing last month that Skaggs had multiple sources for drugs aside from Kay. Theodora argued that he believes Kay was wrongfully convicted and cited “false testimony” during his trial.
Plaintiffs’ attorney Lara Hollingsworth, however, disputed how “new” the team’s evidence really was, arguing that much of what has been raised was litigated in the federal trial.
Hollingsworth also said the issue of what caused Skaggs’ death was also disputed during Kay’s trial and the testimony of a cardiologist “was rejected and the jury didn’t believe it either,” she said. She noted the conviction was upheld on appeal.
Attorneys for the Angels wanted to argue that Kay did not give Skaggs the drug that killed him and that the fentanyl-laced painkiller was not a substantial cause of death.
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