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Tuesday, May 28, 2019

Yoenis Cespedes injury: Can Mets, Brodie Van Wagenen void contract? | SI.com

It may be some time before the Mets decide whether to take any action against Cespedes. As explained above, the team first needs to conduct its own fact-finding and present Cespedes with probative questions that would attempt to clarify the circumstances of his injury. If the team concludes that Cespedes partook in behavior that violated his contract, it could suspend him without pay or—less likely—attempt to void the contract. If Cespedes disputes the team’s conclusions, expect him and the MLPBA to file a grievance.

Jim Furtado Posted: May 28, 2019 at 05:32 AM | 19 comment(s) Login to Bookmark
  Tags: mets, yoenis cespedes

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   1. Never Give an Inge (Dave) Posted: May 28, 2019 at 09:10 AM (#5846081)

As noted in the article, the contract is insured, so I would expect the insurance company to also conduct an investigation and push the Mets to take some form of action if it was found that Cespedes violated the terms of his contract.
   2. snapper (history's 42nd greatest monster) Posted: May 28, 2019 at 09:31 AM (#5846085)
As noted in the article, the contract is insured, so I would expect the insurance company to also conduct an investigation and push the Mets to take some form of action if it was found that Cespedes violated the terms of his contract.

Or they can just refuse to pay, and force the Mets' hand.
   3. Zonk Wants Justice for Carolyn Gombell Posted: May 28, 2019 at 09:41 AM (#5846091)
Only glossed over here - but mentioned elsewhere - Bodie's financial interests in the contract and whether it gets voided.... That seems like a real conflicty mess...
   4. Walt Davis Posted: May 28, 2019 at 09:44 AM (#5846093)
Nothingburger of a story. Story is purely speculative -- Mets might doubt Cespedes' story, Mets might find contrary evidence, if they do they might kvetch about it, it's not clear whether the insurance covers a non-basebally injury to begin with ... and what, the contract requires that Cespedes spend his free time in a hermetically sealed jar on Funk & Wagnall's porch?

The punchline of course was "Mets medical staff might review the records ..." Sure, can't wait for discovery on the Mets' medical staff qualifications and track record. :-)
   5. Never Give an Inge (Dave) Posted: May 28, 2019 at 10:43 AM (#5846118)

and what, the contract requires that Cespedes spend his free time in a hermetically sealed jar on Funk & Wagnall's porch?

No, but there might be specifically prohibited activities, or he might be required to follow doctor's recommendations when rehabbing from surgery, for example.
   6. Howie Menckel Posted: May 28, 2019 at 11:25 AM (#5846131)
every athlete's contract has prohibited activities, afaik
   7. Starring RMc as Bradley Scotchman Posted: May 28, 2019 at 02:26 PM (#5846200)
hermetically sealed jar on Funk & Wagnall's porch

"May a bloated yak change the temperature of your jacuzzi!"
   8. Zach Posted: May 28, 2019 at 04:05 PM (#5846232)
So what's the prohibited activity here? Falling into a post hole and violently fracturing your leg? Kudos to the Mets' lawyers if they managed to get that clause into the contract, but I have my doubts.
   9. Never Give an Inge (Dave) Posted: May 28, 2019 at 04:26 PM (#5846238)

So what's the prohibited activity here? Falling into a post hole and violently fracturing your leg? Kudos to the Mets' lawyers if they managed to get that clause into the contract, but I have my doubts

If he really just stepped in a post hole while walking around, sure. If he actually fell off a horse, or fell out of a tree from 20 feet up (i.e. 5:40 into this video), then they might have a case. Who knows?
   10. I Am Not a Number Posted: May 28, 2019 at 04:50 PM (#5846248)
The post hole story could be right up there with Jeff Kent washing his truck and Paul Quantrill tobogganing.
   11. Zach Posted: May 28, 2019 at 05:19 PM (#5846255)
Well sure, if he didn't actually get postholed, the situation looks completely different.

But it's kind of distasteful to talk about actions that only make sense if the player is lying when no evidence has emerged that he is.

There's a difference between "Mets will do due diligence" and "Mets will attempt to void contract due to prohibited activities."
   12. Greg Pope Posted: May 28, 2019 at 05:47 PM (#5846262)
The post hole story could be right up there with Jeff Kent washing his truck and Paul Quantrill tobogganing.

Some Rockie middle infielder whose name I can't remember right now (despite the fact that he was on my fantasy team at the time) carrying groceries up the stairs. Said groceries turned out to be a deer carcase.
   13. Never Give an Inge (Dave) Posted: May 28, 2019 at 05:54 PM (#5846264)

#11, of course, the whole discussion is premised on the Mets doing a fact-finding exercise as it says in the excerpt. But I was responding to Walt's post which indicated that even if the Mets found evidence contradicting Cespedes' story, that they would have no recourse other than to "kvetch about it". Which is not how these contracts work. The player doesn't have to "spend his free time in a hermetically sealed jar" but there are almost certainly activities that are prohibited by his contract.
   14. Walt Davis Posted: May 28, 2019 at 06:09 PM (#5846265)
I'm sure there are activities that are prohibited ... and this article lists zero of them. It speculates that maybe Cespedes had an incident with a horse ... without any evidence that would be in violation.

Did you read the article? The article speculates the Mets might argue that Cespedes should know his (quite large) property well enough to know there was a post hole there. The article further speculates that maybe the Mets (and BvW was his agent) know that Cespedes is a lying sack of #### in general ... which, even if true, doesn't constitute proof he's lying now.

Has any team ever successfully voided a contract over a prohibitied activity resulting in injury? Has one been able to suspend a player without pay?
   15. Jeff Frances the Mute Posted: May 28, 2019 at 06:19 PM (#5846268)
I'm sure there are activities that are prohibited ... and this article lists zero of them. It speculates that maybe Cespedes had an incident with a horse ... without any evidence that would be in violation.

Horse riding is one of the prohibited activities in the standard player contract.

Has any team ever successfully voided a contract over a prohibitied activity resulting in injury? Has one been able to suspend a player without pay?

Ron Gant (motorcycle riding) and Aaron Boone (pickup basketball) had their contracts voided after injuring themselves in prohibited activities.
   16. slothinator Posted: May 28, 2019 at 07:01 PM (#5846275)
#12 - I believe that was Clint Barmes.
   17. Zach Posted: May 28, 2019 at 07:16 PM (#5846277)
If this were House MD, right about now is when we would learn that a broken leg and snapped ligaments are symptoms of a rare form of hemmorhagic fever transmitted by motorcycle seat wax. And that the only cure was to immediately remove Cespedes' bone marrow with a Dremel tool, without anaesthetic.

Are we sure that House has never worked for the Mets' medical staff? It would explain so much!
   18. puck Posted: May 28, 2019 at 07:58 PM (#5846284)
#12 - I believe that was Clint Barmes.


It was. I am sure he slipped carrying deer meat up the stairs and there was no horseplay on the ranch with ATV's or the like.
   19. KronicFatigue Posted: May 28, 2019 at 10:39 PM (#5846344)
If this were House MD




Anyone remember this from the 2004 World Series on Fox? They ran this soundbite hyping the debut over and over again.

https://www.youtube.com/watch?v=2SdvpMeyn2w

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