𝓤𝓷𝓲𝓽𝓮𝓭 𝓝𝓮𝔀𝓼

SANTA ANA, Calif. — Court adjourned Wednesday in the first week of the long-anticipated civil trial brought by the family of Tyler Skaggs against the Los Angeles Angels.

Tyler Skaggs was a former Angels pitcher who died on July 1, 2019, after ingesting a fentanyl pill provided by former Angels communications director Eric Kay, who was later sentenced to 22 years in federal prison.

It was a largely successful week for the Skaggs family’s attorneys, who had a win on Monday when they argued the Angels should not be allowed to re-litigate the criminal case against Kay. That 2022 guilty verdict, and its findings, will stand in the civil case.

As a result of that victory, the Skaggs side’s lawyer, Rusty Hardin, said they withdrew their subpoena to depose Kay in the case. However, Angels attorney Todd Theodora said in court that Kay might still testify, and they’re hoping to depose him on Oct. 2.

The two sides spent the last two days arguing important motions in front of Orange County Superior Court judge H. Shaina Colover, all related to excluding potential evidence and arguments that the jury might see or hear.

On Tuesday, the Angels acknowledged they’re funding Kay’s post-conviction legal defense. However, to try and get that barred as evidence, Angels lawyers argued that using it would then open the door to them re-litigating the case against Kay. That’s because Angels executives could then be asked why they were funding his defense.

On Wednesday, Skaggs family lawyers revealed that deposition testimony showed Kay had a past sexual relationship with an unnamed Angels intern, and hired sex workers during spring training. They argued it should be fair game to present as evidence, since they alleged it showed a pattern of Angels executives neglecting to punish Kay for conduct against team policy.

There were many more motions argued throughout the first week of this case. Here’s some of what we learned.

More details about Mike Trout

Earlier this week, The Athletic reported, citing court filings, that Angels superstar Mike Trout had offered to pay for Kay’s drug rehabilitation in 2018. Four witnesses also testified that they’d heard of Kay eating a pimple off of Mike Trout’s back in exchange for money.

In court on Wednesday, more information was shared on the nexus between these two things. Skaggs attorney Daniel Dutko said that former Angels clubhouse attendant Kris Constanti testified in his deposition that he approached Trout about paying Kay for his antics, and asked him, “You know what he’s using that money for?”

“Trout (then) understood that it was for drugs,” Dutko said. “Mike Trout testified that he immediately stopped paying him for any of those antics.”

These arguments were in response to a defense motion trying to exclude any mention of the “horseplay” involving Kay, Trout and other players. Their argument was that it was more prejudicial than probative — a legal term to indicate that potential evidence doesn’t have enough value to outweigh the risk of negatively prejudicing the jury.

Skaggs lawyers argued that it showed the Angels allowed Kay leeway to act unprofessionally without punishment or termination, which they believe was part of a pattern. The judge ultimately said that testimony would not be excluded.

Mentions on past drug use by Skaggs and Kay

Both sides have filed motions to exclude mentions of past drug use by key figures in this case. The Skaggs side argued, unsuccessfully, that any mention of Skaggs’ drug use prior to joining the Angels in 2014 was irrelevant.

The Angels said that Skaggs’ documented Percocet addiction in 2013, when he was with the Arizona Diamondbacks, was relevant because it showed his history of drug use, and that it extended to another MLB organization. The judge sided with the Angels, agreeing that it was relevant to their defense.

The Angels also argued that Kay’s use of opioids, as prescribed by Angels team doctor Craig Milhouse from 2009-13, shouldn’t be used as evidence. The judge has not yet ruled on that.

The Skaggs side made clear their belief that Milhouse was, and remains, a team employee of the Angels, citing his profile in the Angels media guide and office inside Angel Stadium. The Angels said he works as an independent contractor. Kay’s prescription history, listed in court filings, shows Milhouse prescribed Kay the opioid Hydrocodone 15 times between 2009 and 2013, for what Dutko said was listed as tooth and back pain.

Damages the Skaggs side is seeking

For much of the pre-trial process, it appeared the Skaggs family was seeking $210 million, according to court filings. However, on the first day of court, Theodora said the number was actually $1 billion.

In the statement of damages provided to The Athletic by the Angels, when all of the general damages ($400 million), special damages ($385.03 million) and punitive damages ($400 million) are totaled, it comes out to slightly below $1.2 billion.

Hardin denied that the family was seeking that amount.

It should be noted that the statement of damages is a slightly arbitrary number at this point in the proceedings. The jury can ultimately award more or less money than what the plaintiff requests.

In California civil cases, juries can find comparative fault when awarding damages, meaning defendants might only be found responsible for a certain percentage. At this point, it is far too early to know exactly what’s at stake financially in this trial.

Court’s schedule comes into focus

The two sides will have three more days in court — Sept. 29-Oct. 1 — before jury selection begins on Oct. 6. The judge said she expects that to take three days, with opening statements likely beginning on Oct. 10.

Next week will be reserved for any remaining motions, as well as going over witness lists, potential evidence exhibits, and coming up with jury instructions.

The judge also blocked out 25 days for the trial, meaning it would extend for about two months, into the first week of December, potentially taking the week of Thanksgiving off to avoid potential conflicts for the jury.

(Photo: Brandon Wade / Getty Images)