The day after a San Diego woman presented medical records to a court to support her claim that Trevor Bauer injured her in a sexual encounter, the Athletic reported the woman showed “signs of a… fractured skull,” citing expressed a doctor’s concern in those notes. In March, Bauer sued the Athletic for defamation, alleging that the media outlet maliciously omitted information that tests had ruled out a skull fracture.
It is “absurd” for Bauer to suggest that readers would have thought much differently about him even if the athlete had omitted references to the alleged skull injury, the athlete’s attorneys and one of his former authors argued in a court filing Tuesday when he asked US District Court judge throws out lawsuit.
The attorneys also filed a separate motion that, if successful, could force Bauer to pay legal fees incurred by the Athletic to defend itself.
A hearing on both matters is scheduled for August 29.
Bauer claimed that the Athletic and Molly Knight, who used to work for the site, were involved in “a campaign to maliciously attack and harass him,” and claimed the Athletic corrected its report in an “inadequate and inaccurate” manner . In Tuesday’s filing, the Athletic’s attorneys claimed the report was duly corrected, and Bauer did not deny causing the reported injuries.
“In short,” the attorneys wrote, “Bauer admits to hitting a woman so hard that doctors feared he fractured her skull, but claims it was libelous not to explain that he failed.” have.”
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.”
Bauer said the two had “consensual rough sex” and that he “never assaulted her in any way.” His lawyers have disputed the accuracy of the medical assessments.
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.
In his lawsuit, Bauer had cited multiple tweets by Knight that he claimed showed malicious intent, including those using the phrases “cranial fracture” and “skull fracture.” Another Knight tweet quoted read, “It’s not possible to consent to a fractured skull.” In Tuesday’s filing, attorneys scoffed at the defamation suggestion, claiming that Knight “commented on public allegations and did not report new facts.”
Lawyers also noted a 2018 Twitter exchange in which Bauer Knight replied: “Spare me from what? The Wrath of Twitter? Lol, it’s pretty clear I appreciate that.”
Bauer has also filed a defamation lawsuit against the website Deadspin. A formal Deadspin motion to dismiss the case is expected to be filed and heard this summer, according to court filings, and Deadspin’s attorneys have told the court they expect to seek an order that Bauer be ordered to pay her fees.
Bauer is currently appealing his two-year suspension from Major League Baseball. The appeal hearing began last week and will continue adjourned depending on the availability of the independent arbitrator. The umpire, chosen jointly by the league and players’ union, is typically available several days a month for MLB matters.
The arbitrator may maintain, reduce or lift the suspension. A decision is expected before the end of the season.
Bauer has also filed a defamation lawsuit against the San Diego woman, who alleges he sexually assaulted her, sparking separate investigations by the Pasadena and MLB police departments. Following the police investigation, the Los Angeles County District Attorney declined to file criminal charges against Bauer.
The San Diego woman has not yet filed a response to Bauer’s lawsuit.
Under the league’s sexual assault policy, MLB can also suspend a player without criminal charges. The league didn’t say how they determined he violated the policy, and Bauer didn’t say what the league told him. Two other women told the Washington Post allegations of similar sexual encounters with Bauer, who denied the allegations and said all encounters were consensual.
https://www.latimes.com/sports/dodgers/story/2022-05-31/dodgers-pitcher-trevor-bauer-suspension-defamation-lawsuit-athletic-molly-knight The Athletic asks court to toss Trevor Bauer’s defamation suit