More than four years after the family of deceased Angels pitcher Tyler Skaggs filed a wrongful death suit against the Angels, jury selection will begin Monday in Orange County Superior Court.
Skaggs’ widow Carli Skaggs and parents Debra Hetman and Darrell Skaggs stated in a court filing that they seek at least $210 million in lost earnings and damages. A lawyer for the Angels said in a pretrial hearing that the plaintiffs now seek a judgment of $1 billion, although the lead attorney representing the family said the number is an exaggeration.
The trial is expected to last several weeks. Pretrial discovery included more than 50 depositions and the witness list contains nearly 80 names.
Lawyers for the Skaggs family aim to establish that the Angels were responsible for the death of the 27-year-old left-handed pitcher on July 1, 2019, after he snorted crushed pills that contained fentanyl in a hotel room during a team road trip in Texas.
An autopsy concluded Skaggs accidentally died of asphyxia after aspirating his own vomit while under the influence of fentanyl, oxycodone and alcohol.
Angels communications director Eric Kay provided Skaggs with counterfeit oxycodone pills that turned out to be laced with fentanyl and is serving 22 years in federal prison for his role in the death. Skaggs’ lawyers will try to prove that other Angels employees knew Kay was providing opioids to Skaggs.
“The Angels owed Tyler Skaggs a duty to provide a safe place to work and play baseball,” the lawsuit said. “The Angels breached their duty when they allowed Kay, a drug addict, complete access to Tyler. The Angels also breached their duty when they allowed Kay to provide Tyler with dangerous illegal drugs. The Angels should have known Kay was dealing drugs to players. Tyler died as a result of the Angels’ breach of their duties.”
The Skaggs family planned to call numerous current and former Angels players as witnesses, including future Hall of Famers Mike Trout and Albert Pujols as well as pitcher Andrew Heaney — Skaggs’ best friend on the team — in an attempt to show that Skaggs was a fully functioning major league pitcher and not an addict.
Pretrial filings and hearings indicated that the Angels were attempting to show that Skaggs was a longtime drug user who acquired pills from sources other than Kay. Skaggs’ mother, Debbie Hetman, testified during Kay’s 2022 criminal trial that her son admitted he had an “issue” with oxycodone as far back as 2013.
Hetman said her son quit “cold turkey” but she testified the addiction remained enough of a concern that Skaggs wasn’t prescribed opioids after undergoing Tommy John surgery in August 2014.
Judge H. Shaina Colover dashed a key Angels defense strategy when she ruled that Kay’s criminal conviction could not be disputed during the civil trial. Angels attorney Todd Theodora contended that new evidence indicated Skaggs died of a “cardiac arrhythmia, second to the fact that Tyler had 10 to 15 drinks in him, coupled with the oxycodone, for which Angels baseball is not responsible.”
Theodora said that if the Angels could prove Kay was not guilty beyond a reasonable doubt, neither Kay nor the team would be culpable in Skaggs’ death. Colover, however, ruled that Kay’s “conviction, based on applicable law and facts, was final.” Kay’s appeal was denied in federal court in November 2023.
Pretrial depositions of Angels players and support personnel provided a rare glimpse into the rowdy, often profane culture of a major league clubhouse.
Angels clubhouse attendants testified that Kay participated in stunts such as purposely taking an 85-mph fastball off his knee in the batting cage, having a pitcher throw a football at his face from short range, eating a bug and eating pimples off the back of Trout.
Tim Mead, the Angels longtime vice president of communication and Kay’s supervisor, acknowledged as much in his deposition, saying, “If you try to describe a clubhouse or a locker room in professional sports, or even college, and probably even the military in terms, and try to equate it to how we see — how this law firm is run or a corporation is run, you know, unfortunately, there’s not lot of comparison…. There’s a lot of fun, there’s a lot of release.”
And a lot of painkillers. Former Angels players Matt Harvey, C.J. Cron, Mike Morin and Cam Bedrosian testified at Kay’s trial that he distributed blue 30 milligram oxycodone pills to them at Angel Stadium. Skaggs, testimony revealed, was a particularly frequent customer.
Testimony established that Kay was also a longtime user of oxycodone and that the Angels knew it. In a filing, the Skaggs family showed evidence that Angels team physician Craig Milhouse prescribed Kay Hydrocodone 15 times from 2009 to 2012. The Skaggs family also plans to call Trout, who according to the deposition of former Angels clubhouse attendant Kris Constanti, offered to pay for Kay’s drug rehabilitation in 2018.
Skaggs was a top prospect coming out of Santa Monica High in 2009, and the Angels made him their first-round draft pick. He was traded to the Arizona Diamondbacks a year later and made his major league debut with them in 2012.
Traded back to the Angels in 2014, Skaggs made the starting rotation, where he remained when not battling injuries until his death. His numbers were rather ordinary, a 28-38 win-loss record with a 4.41 earned-run average in 96 career starts, but his lawyers pointed to his youth and the escalating salaries given to starting pitchers in asking for a jury award of at least $210 million and as much as $785 million.
Skaggs earned $9.2 million — including $3.7 million in 2019 — and would have become a free agent after the 2020 season. Effective starting pitchers at a similar age and comparable performance can command multi-year contracts of $100 million or more.
Skaggs’ death prompted MLB to begin testing for opioids and cocaine in 2020, but only players who do not cooperate with their treatment plans are subject to discipline. Marijuana was removed from the list of drugs of abuse and is treated the same as alcohol.
MLB emergency medical procedures now require that naloxone be stored in clubhouses, weight rooms, dugouts and umpire dressing rooms at all ballparks. Naloxone, also known by the brand name Narcan, is an antidote for opioid poisoning.
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