Judge dismisses Dykstra’s suit against ex-teammate Ron Darling Globe_Sports
. Justice Robert D. Kalish in New York Supreme Court in Manhattan did not evaluate whether the remarks occurred.
“It is only to say that Dykstra’s reputation for unsportsmanlike conduct and bigotry is already so tarnished that it cannot be further injured by the reference,” Kalish said in a decision issued Friday.Dykstra filed the suit in April 2019 against Darling, St, Martin’s Press and Macmillan Publishing Group, then added Daniel Paisner as a defendant last September.
Darling wrote Dykstra was “one of baseball’s all-time thugs” and was in the on-deck circle at Boston’s Fenway Park before Game 3 of the 1986 World Series while Boyd warmed up and was “shouting every imaginable and unimaginable insult and expletive in his direction — foul, racist, hateful, hurtful stuff.” Darling called it “the worst collection of taunts and insults I’d ever heard — worse, I’m betting, than anything Jackie Robinson might have heard, his first couple times around the league.
“The nature and seriousness of Dykstra’s criminal offences, which include fraud, embezzlement, grand theft, and lewd conduct and assault with a deadly weapon, and notably the degree of publicity they received, have already established his general bad reputation for fairness and decency far worse than the alleged racially charged bench-jockeying in the reference could,” the judge wrote.St. Martin’s said in a statement it “is obviously very pleased with the judge’s decision.
“This court sees no legal basis for why it should use its very limited time and resources litigating whether Dykstra engaged in yet another example of bigoted behaviour over 33 years ago in a court of law,” Kalish wrote. “There are sports commentators, bloggers and legions of baseball fans to litigate this issue in a public space. This court, however, has cases involving lost livelihoods, damaged and lost lives, as well as plaintiffs that have suffered very real reputational injuries.
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