Another website asks court to throw out Trevor Bauer suit

For the second time in 11 days, a website has asked a court to dismiss a defamation lawsuit brought by Dodgers pitcher Trevor Bauer.

On Friday, Deadspin asked a federal district court to dismiss what the site’s attorneys called a “baseless defamation lawsuit.” [intended] to punish truthful comments.” The Athletic has also been sued for defamation and has also filed a motion to be fired.

In both lawsuits, Bauer claimed the websites reported that the San Diego woman who had accused him of the sexual assault suffered a fractured skull, although medical records filed in pursuit of a restraining order made it clear that the doctors saw only signs of a fractured skull.

Deadspin made a similar argument to Athletic: First, the error has been corrected; and second, Bauer’s reputation had not been noticeably damaged.

“There is no difference in ‘foundation’ or ‘stab’ between being hit hard enough to diagnose ‘signs of a basilar skull fracture’ … and being hit hard enough to cause a fractured skull,” Deadspin’s attorneys claimed.

Bauer’s attorneys argued the resulting corrections were neither prompt nor sufficient, notably alleging that Deadspin “took capital on a false allegation … to continue an unrelenting attack on Mr. Bauer in an attempt to humiliate him and ruin his baseball career.” .

Deadspin’s attorneys also argued that the website, which said the woman “did not consent… to having her skull fractured,” “reflects a rhetorical hyperbole as expressed in Deadspin’s bossy, irreverent voice.” .

According to medical records included in the woman’s initial court record, doctors had diagnosed her with an “acute head injury” and an “assault by manual strangulation.” Attorneys for Deadspin and the Athletic said Bauer’s attorneys in the defamation lawsuit did not dispute that their client harmed the woman.

Bauer said he and the woman had “consensual rough sex” and that he “never assaulted her in any way.” His attorneys have disputed the accuracy of the medical reports, and Bauer has sued the woman for defamation. She has yet to submit her answer.

A Los Angeles Superior Court judge said last year that the woman made some of what she wrote in her initial court filing “materially misleading,” which was the basis for her unsuccessful bid for a restraining order against Bauer.

The sexual assault allegations were reviewed by the Los Angeles County District Attorney, who declined to press criminal charges against him, and by Major League Baseball, which suspended him for two years. Bauer is in the process of appealing the suspension.

In Friday’s filing, which countered a claim based on Deadspin’s allegedly flawed reporting, Deadspin’s attorneys also made a mistake.

Deadspin’s attorneys wrote that Bauer’s $102 million contract with the Dodgers “made him the highest-paid player in baseball history at the time.” Seven months before the Dodgers signed Bauer, they signed outfielder Mookie Betts to a $365 million contract extension. Two years earlier, the Angels signed outfielder Mike Trout to a $426.5 million contract extension. Another website asks court to throw out Trevor Bauer suit

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