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SANTA ANA (CNS) - Opening statements are scheduled for Tuesday in the trial of the wrongful-death lawsuit filed against the Los Angeles Angels by the widow and parents of the late pitcher Tyler Skaggs, who died of a drug overdose while the team was playing in Texas in 2019.
On Friday, a six-man and six-woman panel was sworn in. Attorneys worked Monday to select a panel of six alternate jurors to serve as replacements if needed during the expected two-month trial. The attorneys ultimately settled on four alternates for the trial, which could extend until Dec. 12.
Angels vice president of communications Tim Mead is expected to be the first witness following opening statements. Angels star outfielder Mike Trout is expected to testify Oct. 21.
Prospective jurors were questioned Monday on a variety of topics, such as their thoughts on bipolar disorder, human resources in the workplace, substance abuse issues and Angels fandom.
When plaintiffs' attorney Rusty Hardin asked one of the prospective jurors Monday if she's been an Angels fan through the years regardless of whether they win or lose, the woman responded, "Yes, mostly losing." The remark prompted laughs from the audience, while Angels attorney Todd Theodora quipped, "Your honor, that hurt. I need a five-minute break."
One woman was dismissed from the panel when she was overcome with emotion discussing a personal issue related to the questioning.
Skaggs' widow, Carli, filed the lawsuit along with his parents, Debbie Hetman and Darrell Skaggs, against Angels Baseball -- alleging wrongful death revolving around the narcotics the 27-year-old received from then-team communications director Eric Kay, who was subsequently convicted of federal drug charges and sentenced to 22 years in prison.
It was unclear how much money the family will seek in damages.
The plaintiffs allege negligence in the way the team supervised Kay and kept him on the payroll. The team, however, will argue that Kay was not acting "within the scope of his employment" with the club, while denying it was negligent in the way it handled Kay's employment.
Angels attorneys are expected to argue that Skaggs was "comparatively negligent" through his substance abuse problems.
Skaggs was found dead in a hotel room while on a road trip with the team July 1, 2019. Kay was convicted of providing the fatal dose of fentanyl to Skaggs.
The plaintiffs contend the team knew or should have known Kay was providing drugs for Skaggs such as the narcotic painkiller oxycodone. The plaintiffs also alleged he was providing drugs to at least five other players and that Kay had his own substance-abuse issues.
Angels attorneys wanted to argue that there were many other contributing factors to Skaggs' death, but Orange County Superior Court Judge Shaina Colover ruled that the team will be limited to the evidence at the criminal trial that concluded Kay dealt the fatal dose to Skaggs.
Angels attorney Todd Theodora argued in a hearing last month that Skaggs had multiple sources for drugs aside from Kay. Theodora argued that he believes Kay was wrongfully convicted and cited "false testimony" during his trial.
Plaintiffs' attorney Lara Hollingsworth, however, disputed how "new" the team's evidence really was, arguing that much of what has been raised was litigated in Kay's federal trial.
Hollingsworth said the issue of what caused Skaggs' death was also disputed during Kay's trial and the testimony of a cardiologist "was rejected and the jury didn't believe it either," she said. She noted the conviction was upheld on appeal.
Attorneys for the Angels wanted to argue that Kay did not give Skaggs the drug that killed him and that the fentanyl-laced painkiller was not a substantial cause of death.