SANTA ANA — An Orange County Superior Court judge Monday ruled that attorneys for the Angels will be limited in their attempts to blame others than a former public relations director for the death of pitcher Tyler Skaggs.
Attorneys for the team argued Monday before Orange County Superior Court Judge Shaina Colover that the Major League Baseball franchise had new evidence indicating the pitcher received narcotics from other sources and that disputed Skaggs’ cause of death during a road trip to Texas in 2019.
Skaggs’ parents and widow Carli filed a wrongful death lawsuit against the club. The trial is expected to begin in early October and last about two months.
The plaintiffs argued that defense attorneys cannot legally present new facts when there has already been another trial that established a set of facts. In this case that trial was the federal conviction in Texas of Eric Kay, who has been sentenced to 22 years in prison for providing drugs to the pitcher that killed him.
Plaintiffs’ attorney Lara Hollingsworth noted that Kay’s conviction was upheld on appeal.
Angels attorney Todd Theodora argued 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.
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.
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.
“We have text messages we’ve gotten in this case recently,” Thedora said.
The defense attorney also argued that there could be a ruling on the new evidence in Kay’s habeas corpus petition in federal court this fall. He said it would be unfortunate if Kay’s conviction is overturned during the civil trial and Angels attorneys were limited to the facts of the criminal trial.
“They want a do-over,” Hollingsworth countered. “They want to do it again with a bigger bank account and that’s not how it works.”
Colover ruled the Angels could still argue other contributing factors to the pitcher’s death, but that it has been established that the pill Kay supplied Skaggs was what killed him.
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