Skaggs

The ex-wife of the Angels employee who gave pitcher Tyler Skaggs fentanyl-laced opioid pills was steadfast in her testimony Monday and Tuesday that Angels executives knew of her then-husband’s opioid abuse for several years before Skaggs died after chopping up and snorting the pills in 2019.

The testimony of Camela Kay directly contradicted that of the Angels then-vice president of communications, Tim Mead, and traveling secretary Tom Taylor, both of whom testified during the first week of a trial in Orange County Superior Court that is expected to last until December.

Skaggs’ widow, Carli, and his parents, Debbie Hetman and Darrell Skaggs, are the plaintiffs in the lawsuit against the Angels and are seeking $118 million in lost earnings, unspecified damages for pain and suffering plus punitive damages.

Camela Kay’s testimony fortified the Skaggs family’s contention that the Angels knew that Eric Kay — the team’s communications director of 23 years who is now serving a 22-year prison term for his role in Skaggs’ death — had serious drug problems and that his supervisors and co-workers did not follow team and Major League Baseball policies in dealing with the issues.

Leah Graham, another in the Skaggs family’s deep roster of accomplished attorneys, questioned Camela Kay, taking her through a timeline beginning in 2013 when she first recognized that her husband had a drug problem.

During an Angels road trip to New York to play the Yankees, Eric admitted to her, “I take five Vicodin a day,” Camela testified. She said he made the admission in front of Mead and Taylor, whom she described as shocked, and they told her they “were going to do whatever they could to help him.”

She continued to suspect illicit drug use, however, and the issues came to the forefront in 2017, when the Kay family staged in intervention at their home on Oct. 1, the day after the Angels’ season ended.

Camela testified about a phone call that day in which she said she told Taylor that Eric’s sister, Kelly Miller, had notified her that Eric was distributing pills to Skaggs. Camela said of Taylor’s reaction, “He blows me off.”

The next day, Mead and Taylor visited the Kay home to try to convince Eric to go to rehab for “opioid addiction,” according to Camela. He said Eric told Mead to go into his bedroom and find pills he had stashed there. Mead returned with a handful of baggies containing pills.

“I was standing afar, and Tom was on the couch with Eric, and all of a sudden I see Tim walk out of our bedroom with baggies of pills,” Camela Kay said.

She said Mead placed the pills on the coffee table in front of the couch where Eric Kay and Taylor were sitting. She testified that she believed her then-husband — their divorce was finalized in 2023 — was selling the baggies of opioids to players to make extra money because the family had financial difficulties.

Both Mead and Taylor denied in their testimony that they had any recollection of finding or seeing any baggies full of pills. Mead said he recalled “very little of that morning” and did not remember going into Eric Kay’s bedroom or finding pills there.

Camela Kay testified that she witnessed team employees and players handing out opioid pills on a team flight. On cross-examination, Angels lawyer Todd Theodora asked her how many team flights she had been on, and Camela answered 10 to 12.

Theodora also pointed out discrepancies in her testimony compared to what she said in her deposition several months ago. He also pointed out that in nearly 200 texts and emails to Angels personnel, she never warned them that her husband might be taking or distributing opioids.

Camela said she had strong suspicions throughout the 2018 season that Eric was still using because he displayed erratic behavior and noted that she shared those concerns with Taylor, whose office at Angel Stadium was adjacent to her husband’s.

The Angels have attempted to establish that Eric Kay was diagnosed with bipolar disorder, although Camela disputed that. When Theodora pressed her on her assertion that she had never heard her husband was bipolar, she replied, “He had a drug addiction.”

Camela testified that Eric told her that he was taking opioids to mask mental health issues that included depression, but that he was not taking prescribed medication for bipolar disorder.

A crisis occurred Easter Sunday — April 21, 2019 — when Eric was acting erratically at work and was hospitalized that evening after Taylor had driven him home. While taking Eric’s items from Taylor’s car, Camela said, she found an Advil bottle filled with blue pills next to the car and dumped them on the passenger seat to show Taylor.

Taylor testified that he while he did recall Eric acting erratically and driving him home, he didn’t recall the blue pills in the Advil bottle.

Although Camela said she was forceful in telling Mead and Taylor that Eric needed detox and inpatient care, instead he went through an outpatient rehab program in late April and May. He returned to work — by this time moving up to the position Mead had held before he departed that spring to become president of the Baseball Hall of Fame and Museum in Cooperstown, N.Y. — and about a month later was assigned to go on the trip to Texas that resulted in Skaggs’ death.

Angels communications employee Grace McNamee testified last week that when she learned Eric Kay was going on the trip, she asked colleague Adam Chodzko, “Is this a good idea?”

“Maybe I was talking out loud, the mother in me, it just felt like maybe Eric should spend some time at home after being on leave for, you know, bipolar and mental illness,” McNamee testified.

Testimony last week from Angels human resources executive Mayra Castro established that Eric Kay wasn’t fired, but instead was allowed to resign Nov. 2, 2019. Graham said this bolstered the Skaggs family’s contention that the Angels repeatedly gave Kay special treatment rather than treating his behavior the way they would with other employees.

Castro told Graham that a 63-year-old longtime Angels custodial worker was fired for drinking a hard seltzer during a break. The employee was not visibly intoxicated and told HR she was unaware the drink contained alcohol, Castro testified. The Skaggs family’s lawyers suggested that had Kay been punished similarly, Tyler Skaggs would still be alive.

Castro also admitted to deleting and then restoring an August 2019 text she sent to a co-worker that said of Kay, “Dude he gave me tweaker vibes.” The co-worker responded: “Omfg, I always thought he definitely looked like a tweaker and sketch.” Castro testified that she realized deleting the text was wrong and turned it over to the Skaggs family‘s legal team as part of discovery.

As the trial about whether the Angels should be held at least partially liable for the death of Tyler Skaggs enters its third week, major league officials are closely monitoring the proceedings.

The trial is scheduled to last several more weeks, and it would be premature for the league to determine what action it might take against the Angels — if any — until all evidence is revealed in court and a verdict or a settlement is reached.

However, it is considered highly unlikely that the league would compel Angels owner Arte Moreno to sell the team.

Consideration of any action probably would be deferred until the league could conduct its own investigation and until a jury verdict, if there is one, is fully reviewed by an appeals court.

The Skaggs family is seeking $785 million in damages, as first reported by the Athletic, based on the allegation the Angels knew or should have known that former staffer Eric Kay was using illegal drugs, including the pills he provided to Skaggs on the night the pitcher died in 2019. The Angels deny the allegations.

The jury would not have to decide whether to award all of that money or none of it. The jury first would have to determine who was liable: the Angels, Kay, Skaggs and any other parties. Then the jury would decide what percentage of liability each of those parties should assume and what the financial compensation should be.

As an example, a jury could decide the damages should be $210 million — the amount the family listed as a minimum in a court filing — and the Angels should be held one-third responsible. Under that example, they would be assessed $70 million.

In 1943, Philadelphia Phillies owner William Cox was banned for life for betting on baseball.

If history is any indication, if the league believes an owner merits discipline, an owner would be more likely to be suspended than banned. In 1993, Cincinnati Reds owner Marge Schott was suspended one year for racist and insensitive comments.

New York Yankees owner George Steinbrenner was suspended three times: two years for illegal contributions to President Nixon’s 1972 campaign; one week after publicly criticizing umpires; and two years and five months for paying a gambler to dig up disparaging information on All-Star outfielder Dave Winfield. That last suspension originally was announced as a lifetime ban; Steinbrenner was later reinstated.

Kay, who provided Skaggs with counterfeit oxycodone pills that were laced with fentanyl, is serving a 22-year sentence in federal prison. Skaggs died in his hotel room in Texas of asphyxiation, according to an autopsy, choking on his own vomit while under the influence of oxycodone, fentanyl and alcohol.

Angels superstar Mike Trout testified Tuesday morning that he knew team employee Eric Kay had a drug problem but that pitcher Tyler Skaggs showed no signs of drug use.

Trout, a three-time American League Most Valuable Player, has played with the Angels his entire 15-year career and is under contract through the 2030 season. He was a teammate of Skaggs from 2014 to 2019, when the left-handed pitcher died in a Texas hotel room July 1, 2019, after snorting a counterfeit oxycodone pill that contained fentanyl, a powerful opioid.

Key, a former Angels communications director, was sentenced to 22 years in federal prison after being convicted in 2022 of providing the pills that led to the Skaggs’ overdose.

According to trial transcripts, Skaggs lawyer Daniel Dutko asked Trout about his reaction when he learned the next day in a team meeting that Skaggs had died.

“Cried,” Trout answered.

“You loved him like a brother,” the lawyer said as Trout nodded affirmatively. Trout added that he was unaware of any drug use by Skaggs.

Skaggs’ lawyer asked questions to elicit testimony from Trout that would humanize Skaggs, to establish that he was a valued teammate and friend. Trout said he and Skaggs were roommates in 2010 when both were 18 years old and playing for the Angels affiliate in Cedar Rapids, Iowa.

Trout, the highest-paid Angels employee making more than $37 million a year, attended Skaggs’ wedding in 2018.

Neither Dutko nor Angels attorney Todd Theodora asked Trout why he didn’t inform a team executive or human resources when he suspected Kay’s drug use.

Skaggs was found dead in his hotel room in Southlake, Texas, on July 1, 2019, before the Angels were scheduled to start a series against the Texas Rangers. The Tarrant County medical examiner found that in addition to the opioids, Skaggs had a blood-alcohol level of 0.12. The autopsy determined he died from asphyxia after aspirating on his own vomit, and that his death was accidental.

Trout’s testimony followed that of longtime Angels executives Tim Mead and Tom Taylor. Kay reported to Mead nearly his entire 23-year career and worked closely with Taylor, the team’s traveling secretary. Both men testified that they had no idea Kay was addicted to opioids or that Kay supplied Skaggs with drugs.

Skaggs’ widow, Carli Skaggs, and parents Debra Hetman and Darrell Skaggs are seeking $118 million from the Angels for Skaggs’ lost future earnings as well as compensation for pain and anguish, and punitive damages.

The Angels announcement that longtime former big league catcher Kurt Suzuki was hired as manager coincided with Trout’s testimony.

Angels star Mike Trout is planning to testify Tuesday in a lawsuit over whether the MLB team should be held responsible for the drug overdose death of pitcher Tyler Skaggs.

Trout, a three-time American League most valuable player who hit his 400th career home run this year, is expected to take the stand in a Southern California courtroom and speak about his friendship with Skaggs, who died on a team trip to Texas in 2019 after taking a fentanyl-laced pill he got from Angels communication director Eric Kay. Trout could also be asked about what he knew of Kay’s drug use at the time.

The testimony will come in the trial for a wrongful death lawsuit filed by Skaggs’ wife, Carli, and his parents seeking to hold the Angels’ responsible for his death. The family contends the Angels made a series of reckless decisions that gave Kay access to MLB players when he was addicted to drugs and dealing them; the team has countered that Skaggs was also drinking heavily and his actions occurred on his own time and in the privacy of his hotel room when he died.

During opening statements, a lawyer for the Skaggs family said Trout was aware of Kay’s drug problem and had offered to pay for him to attend rehab. Other players, including former Angels pitcher Wade Miley, who currently plays for the Cincinnati Reds, could also testify during what is expected to be a weeks-long trial in Santa Ana.

The civil case comes more than six years after 27-year-old Skaggs was found dead in the suburban Dallas hotel room where he was staying as the Angels were supposed to open a four-game series against the Texas Rangers. A coroner’s report says Skaggs choked to death on his vomit and that a toxic mix of alcohol, fentanyl and oxycodone was found in his system.

Kay was convicted in 2022 of providing Skaggs with an oxycodone pill laced with fentanyl and sentenced to 22 years in federal prison. His federal criminal trial in Texas included testimony from five MLB players who said they received oxycodone from Kay at various times from 2017 to 2019, the years he was accused of obtaining pills and giving them to Angels players.

Angels outfielder Mike Trout catches a fly ball in front of graphic honoring the life of Tyler Skaggs at Angel Stadium in 2019.

(John McCoy / Getty Images)

The family is seeking $118 million for Skaggs’ lost earnings, compensation for pain and suffering and punitive damages against the team.

Skaggs had been a regular in the Angels’ starting rotation since late 2016 and struggled with injuries repeatedly during that time. He previously played for the Arizona Diamondbacks.

After Skaggs’ death, the MLB reached a deal with the players association to start testing for opioids and to refer those who test positive to the treatment board.

Taxin writes for the Associated Press.

Witness testimony began Wednesday with an accusation of negligent supervision in the high stakes trial against the Angels by the family of deceased pitcher Tyler Skaggs.

Tim Mead, an Angels employee of 40 years, was portrayed by the plaintiffs lawyer, Rusty Hardin, during four hours of direct examination as a well-meaning boss who repeatedly ignored company policy by failing to report the improper conduct of Eric Kay, the team communications director who gave Skaggs the fentanyl pills that killed him.

Hardin brought up a litany of instances where Kay likely violated Angels rules that could have resulted in discipline and even termination long before the July 2019 road trip to Texas during which Skaggs died in his hotel room after chopping up and snorting the illicit drugs provided by Kay.

Mead acknowledged that he knew of Kay’s years-long episodes of bizarre behavior, an extramarital affair with an intern, and problems with prescription medication, but that he never reported any of it to human resources.

Hardin asked if he was putting Kay ahead of the organization by doing everything he could to save him, allow him to regain his health and keep him employed.

Mead responded: “I guess I wasn’t consciously doing it at the time. … I was concerned about the organization, for him, his family and my staff.”

Hardin asked Mead if he was thinking of an obligation to organization or to Kay, and Mead replied, “A bit of both.”

Hardin: Did you recognize a conflict between those roles?

Mead: “Yes that entered my mind.”

Hardin asserted that it strains credulity that Mead asserted he knew nothing of Kay using or distributing illicit opioids when on the last day of the 2017 season Kay’s wife, Camela, reached out to Mead to infom him the family was conducting an intervention in their home that evening.

Mead and Tom Taylor, the Angels’ traveling secretary, visited the Kays the next morning, and Camela Kay testified during a deposition that the Kays directed him to Eric’s bedroom, where he had stashed 60 pills, stored in handfuls of 10 in small plastic bags.

Pressed by Hardin, Mead repeated that he couldn’t say he didn’t do what Camela Kay testified he did, but that he had no recollection of it. Mead insisted that he knew nothing of Eric Kay using or distributing illicit drugs to Skaggs or anyone else.

Cross-examination of Mead by Angels lawyers will take place Friday. The court is in recess every Thursday during what is expected to be a two-month trial.

Following Mead on the witness stand will be Taylor and team president John Carpino. More than 75 names are on the witness list, including current Angels star Mike Trout, former manager Mike Scioscia and several former players who testified in depositions that Kay or Skaggs gave them opioids.

Lawyers for the Angels and the family spoke to the jury for the first time Tuesday, delivering dramatically different opening statements.

Angels owner Arte Moreno sat in the front row along with Carpino, although neither one was present Wednesday. Skaggs’ widow, Carli, sat next to Tyler’s mother, Debbie Hetman. Tyler’s father, Darrell Skaggs, was absent because of poor health.

Representing Skaggs’ widow and parents are two lawyers with decades of experience representing high-profile and celebrity clients — Shawn Holley and Hardin.

Early in her career, Holley, 63, worked under Johnnie Cochran and was a member of the O.J. Simpson defense team in 1995. Since then, she has represented clients ranging from entertainment titans Michael Jackson, Tupac Shakur, Justin Bieber, Kanye West, Lindsay Lohan, Snoop Dogg, Axl Rose and the Kardashian family to athletes such as Trevor Bauer, Mike Tyson, Lamar Odom, Reggie Bush and Sugar Ray Leonard.

Hardin, 83, represented the Arthur Andersen accounting firm during the Enron scandal more than 20 years ago. He also has won favorable verdicts for numerous athletes such as Roger Clemens, Wade Boggs, Warren Moon, Scottie Pippen, Calvin Murphy, Steve Francis, Rudy Tomjanovich and Rafer Alston.

The Angels are represented by Todd Theodora, chief executive of the nationally respected law firm Theodora Oringher. Theodora and the Angels have had a longstanding professional relationship.

Theodora served as lead trial counsel for the Angels in the suit brought by the city of Anaheim in 2005 when the team re-branded as the Los Angeles Angels of Anaheim. The city sought more than $300 million in damages against the Angels, who prevailed in a jury verdict.

Theodora wouldn’t comment on the Skaggs case because of the ongoing litigation, but after the Angels’ court victory regarding the name change, he described to The Times the all-consuming nature of a lengthy trial.

“You find yourself literally thinking about the case from the moment you wake up until the moment you go to bed and many times in the middle of the night as well,” Theodora said.

The stakes are high in the Skaggs trial. Holley delivered opening statements for the plaintiffs and said a fair estimation of Skaggs’ lost future earnings is $118 million. She added that the Angels must also compensate the family for “loss of companionship, solace, moral support and financial security.” And, Holley said, the family should be awarded punitive damages “not only because [the Angels] failed to keep Tyler safe, they put him in harm’s way.”

Taking a deliberate, soft-spoken approach, Holley walked the jury through a timeline of Kay’s drug use and eventual distribution of opioids. She said Angels team doctor Craig Milhouse wrote Kay numerous oxycodone prescriptions despite the fact he lacked any legitimate medical condition.

Holley attempted to establish that Kay’s drug use escalated year after year, saying there was “a complete failure by the Angels to grasp the magnitude of the problem.”

Holley said that Kay revealed his drug use in text messages and emails, and that a clubhouse attendant witnessed Kay snorting lines of drugs in a kitchen area outside the Angels clubhouse.

Citing evidence in Kay’s criminal trial — he is serving 22 years in prison for supplying Skaggs with fentanyl — Holley said Kay used his Angels email address to purchase illicit drugs on the website OfferUp.

By 2019, Kay’s drug usage had reached a point that he went through an outpatient treatment program that ended shortly before the Angels went on the road trip to Texas during which Skaggs died. Holley contended that human resources requires a “fitness for duty exam” before returning to work following a drug rehab stint.

“The Angels, again, did nothing,” she said. “So less than two months after learning Eric Kay had been dealing drugs to players, two months after Eric Kay overdoses and less than a month after outpatient rehab ended, the Angels decided to send Kay on the road trip. Within hours, Tyler Skaggs was dead.”

Theodora countered by saying the team “knows right from wrong,” and that it was Skaggs who engaged in “reckless choices that we teach our children and grandchildren not to do, for good reason.”

Theodora pointed out that in addition to the counterfeit fentanyl pill that Skaggs chopped up and snorted the July 2019 night he died in a Texas hotel room, he had a blood-alcohol level of .140 and a therapeutic level of oxycodone.

“The evidence will show he was not playing through pain, he was not prescribed these pills,” Theodora said. “It is downright shameless for anyone to say it was justified for someone to chop up and snort opioids, that they were just being used to get through a long season.”

Skaggs was involved in three crimes, Theodora said, “one, criminal possession; two, taking or ingesting illicit drugs; and three — as you’ll hear from five players — Tyler was distributing illicit pills to them.”

Opening statements and Mead’s testimony underscored the reasons a recent one-day settlement conference between the two sides went nowhere,

Skaggs was found dead in his hotel room in Southlake, Texas, on July 1, 2019, before the Angels were scheduled to start a series against the Texas Rangers. The Tarrant County medical examiner found that in addition to the opioids, Skaggs had a blood-alcohol level of 0.12. The autopsy determined he died from asphyxia after aspirating on his own vomit, and that his death was accidental.

Prosecutors alleged Kay sold opioids to Skaggs and at least five other professional baseball players from 2017 to 2019. Several players testified during the trial about obtaining illicit oxycodone pills from Kay.

The Skaggs family filed their lawsuit in June 2021, alleging the Angels knew, or should have known, that Kay was supplying drugs to Skaggs and other players. Testimony during Kay’s criminal trial established that Kay was also a longtime user of oxycodone and that the Angels knew it.

The Angels responded by saying that a former federal prosecutor the team hired to conduct an independent investigation into Skaggs’ death determined no team executives were aware or informed of any employee providing opioids to any player.

At its core, a civil suit is about money. Nobody pleads guilty. Nobody goes to prison. Somebody either pays somebody else or doesn’t.

That’s why roughly 95% of civil suits nationwide reach a settlement ahead of or during trial, legal experts say. Pretrial discovery is usually comprehensive and mediation can produce agreements. Trials are costly, and plaintiffs and defendants alike overwhelmingly prefer to eliminate the risk of an all-or-nothing jury verdict by agreeing on a compromise dollar figure.

That’s also why the case brought by the family of deceased Angels pitcher Tyler Skaggs against the Angels has surprised some legal experts. A recent one-day settlement conference between lawyers went nowhere, and both sides are focused on a trial, which begins Monday in Orange County Superior Court with opening statements and witness testimony.

Skaggs was found dead in his hotel room in Southlake, Texas, on July 1, 2019, before the Angels were scheduled to start a series against the Texas Rangers. The Tarrant County medical examiner conducted an autopsy and found that in addition to the opioids, Skaggs had a blood-alcohol level of 0.12. The autopsy determined he died from asphyxia after aspirating his own vomit, and that his death was accidental.

Former Angels communications director Eric Kay was sentenced to 22 years in federal prison Tuesday after being convicted of providing the counterfeit oxycodone pills laced with fentanyl that led to the Skaggs’ overdose.

Prosecutors alleged Kay sold opioids to Skaggs and at least five other professional baseball players from 2017 to 2019. Several players testified during the trial about obtaining illicit oxycodone pills from Kay.

The Skaggs family filed their lawsuit in June 2021, alleging the Angels knew, or should have known, that Kay was supplying drugs to Skaggs and other players. Testimony established that Kay was also a longtime user of oxycodone and that the Angels knew it.

The Angels responded by saying that a former federal prosecutor the team hired to conduct an independent investigation into the circumstances that led to Skaggs’ death determined no team executives were aware or informed of any employee providing opioids to any player.

“The lawsuits are entirely without merit and the allegations are baseless and irresponsible,” the Angels said in a statement shortly after the lawsuit was filed. “The Angels organization strongly disagrees with the claims made by the Skaggs family and we will vigorously defend these lawsuits in court.”

The team has not budged from that position even after years of discovery that included more than 50 depositions, a pretrial ruling by the judge that Kay’s conviction cannot be questioned during the civil trial and Judge H. Shaina Colover denying the Angels’ motion for summary judgment by saying, “There is evidence that … Angels baseball had knowledge that Kay was distributing drugs to players and failed to take measures to get him to stop.”

The settlement conference held between lawyers for the Angels and the plaintiffs — which include Skaggs’ widow Carli, mother Debra Hetman and father Darrell Skaggs — merely underscored that the two sides see the case very differently, according to people close to the negotiations not authorized to speak publicly about the case.

Settlement conferences are confidential and the California Evidence Code protects statements and conduct during conferences from being used to prove liability. However, legal experts said it is clear the two sides remain far apart in assessing the value of the case.

“They definitely could have been talking settlement all along,” said Edson K. McClellan, an Irvine lawyer who specializes in high-stakes civil and employment litigation. “I would be surprised if they haven’t engaged in some settlement negotiations.”

Damages sought by the Skaggs family include his projected future earnings and compensation for the pain and anguish the family suffered.

Lawyers for the Skaggs family originally said they were seeking $210 million, although that number has risen during four years of pretrial litigation. A claim by Angels lawyer Todd Theodora in a hearing this summer that the plaintiffs were asking for $1 billion was shot down last week by a person in the Skaggs camp who said “we are not asking anywhere remotely close to that. My god, the whole world would turn upside down.”

Skaggs had unquestionable earning potential. The left-handed former first-round draft pick was only 27 and an established member of the Angels starting rotation when he died. He was making $3.7 million in 2019 and likely would have made at least $5 million in his final year of arbitration before becoming a free agent after the 2020 season.

Although Skaggs posted average statistics — his earned-run average was over 4.00 in each of his seven seasons and his career won-loss record was 28-38 — free-agent contracts for starters under 30 range from three to six years for $15,000 to $25,000 a year. And he could have merited another contract in his mid-30s.

Assuming he remained healthy — Skaggs missed the 2015 season because of Tommy John surgery and had other injuries during his career — experts said a reasonable prediction of future earnings could exceed $100 million. However, his established history of drug use could dampen the projections.

“Speculative projections, making the assumption that he played another 10 years, push an award into nine figures, but honestly, looking at the level of drug abuse, jurors could have doubts,” said Lauren Johnson-Norris, an Orange County-based defense lawyer.

Pain, suffering and mental anguish damages could add to an award either by jury verdict or settlement. Legal experts expect Skaggs’ lawyers — who include nationally renowned Rusty Hardin and Shawn Holley — to point out that losing a husband or a son that your life centered around is worth an award.

Opening statements this week should illustrate why the two sides aren’t close to a settlement.

Skaggs’ lawyers will say the Angels are responsible for his death because they knew Kay was a habitual drug user that procured opioids for players, pointing to evidence that Angels team physician Craig Milhouse prescribed Kay with hydrocodone 15 times from 2009 to 2012.

Also likely to be mentioned will be Angels star Mike Trout who, according to the deposition of former Angels clubhouse attendant Kris Constanti, offered to pay for Kay’s drug rehabilitation in 2018.

The Angels will counter by telling the jury that prosecutors in Kay’s criminal trial concluded he was not acting as an employee when he gave Skaggs the fentanyl-laced oxycodone. Kay was charged and convicted, not the team.

Skaggs and Kay, the Angels will contend, were two men engaging in criminal misconduct on their own time and they concealed it from the team. The Angels lawyers will tell the jury that taking opioids prescribed by a physician during recovery from surgery is vastly different than Skaggs chopping up and snorting counterfeit pills that were not prescribed for him.

Witness testimony will begin after the opening statements, and current and former Angels executives Tim Mead, Tom Taylor and John Carpino are expected to be the first called.

And as the lawyers make their best arguments and witnesses provide testimony in a trial expected to take more than two months, both sides will be silently evaluating whether pursuing a settlement is in their best interest.

An agreement could be reached at any time, abruptly ending court proceedings.

“Sometimes what triggers a settlement is a court ruling or a witness performing well or poorly,” McClellan said. “As the trial unfolds and evidence is actually coming in, risk is brought into focus and makes plaintiffs and defendants evaluate their case in a more clear light.”

More than four years after the family of deceased Angels pitcher Tyler Skaggs filed a wrongful death suit against the Angels, jury selection will begin Monday in Orange County Superior Court.

Skaggs’ widow Carli Skaggs and parents Debra Hetman and Darrell Skaggs stated in a court filing that they seek at least $210 million in lost earnings and damages. A lawyer for the Angels said in a pretrial hearing that the plaintiffs now seek a judgment of $1 billion, although the lead attorney representing the family said the number is an exaggeration.

The trial is expected to last several weeks. Pretrial discovery included more than 50 depositions and the witness list contains nearly 80 names.

Lawyers for the Skaggs family aim to establish that the Angels were responsible for the death of the 27-year-old left-handed pitcher on July 1, 2019, after he snorted crushed pills that contained fentanyl in a hotel room during a team road trip in Texas.

An autopsy concluded Skaggs accidentally died of asphyxia after aspirating his own vomit while under the influence of fentanyl, oxycodone and alcohol.

Angels communications director Eric Kay provided Skaggs with counterfeit oxycodone pills that turned out to be laced with fentanyl and is serving 22 years in federal prison for his role in the death. Skaggs’ lawyers will try to prove that other Angels employees knew Kay was providing opioids to Skaggs.

“The Angels owed Tyler Skaggs a duty to provide a safe place to work and play baseball,” the lawsuit said. “The Angels breached their duty when they allowed Kay, a drug addict, complete access to Tyler. The Angels also breached their duty when they allowed Kay to provide Tyler with dangerous illegal drugs. The Angels should have known Kay was dealing drugs to players. Tyler died as a result of the Angels’ breach of their duties.”

The Skaggs family planned to call numerous current and former Angels players as witnesses, including future Hall of Famers Mike Trout and Albert Pujols as well as pitcher Andrew Heaney — Skaggs’ best friend on the team — in an attempt to show that Skaggs was a fully functioning major league pitcher and not an addict.

Pretrial filings and hearings indicated that the Angels were attempting to show that Skaggs was a longtime drug user who acquired pills from sources other than Kay. Skaggs’ mother, Debbie Hetman, testified during Kay’s 2022 criminal trial that her son admitted he had an “issue” with oxycodone as far back as 2013.

Hetman said her son quit “cold turkey” but she testified the addiction remained enough of a concern that Skaggs wasn’t prescribed opioids after undergoing Tommy John surgery in August 2014.

Judge H. Shaina Colover dashed a key Angels defense strategy when she ruled that Kay’s criminal conviction could not be disputed during the civil trial. Angels attorney Todd Theodora contended that new evidence indicated Skaggs died of a “cardiac arrhythmia, second to the fact that Tyler had 10 to 15 drinks in him, coupled with the oxycodone, for which Angels baseball is not responsible.”

Theodora said that if the Angels could prove Kay was not guilty beyond a reasonable doubt, neither Kay nor the team would be culpable in Skaggs’ death. Colover, however, ruled that Kay’s “conviction, based on applicable law and facts, was final.” Kay’s appeal was denied in federal court in November 2023.

Pretrial depositions of Angels players and support personnel provided a rare glimpse into the rowdy, often profane culture of a major league clubhouse.

Angels clubhouse attendants testified that Kay participated in stunts such as purposely taking an 85-mph fastball off his knee in the batting cage, having a pitcher throw a football at his face from short range, eating a bug and eating pimples off the back of Trout.

Tim Mead, the Angels longtime vice president of communication and Kay’s supervisor, acknowledged as much in his deposition, saying, “If you try to describe a clubhouse or a locker room in professional sports, or even college, and probably even the military in terms, and try to equate it to how we see — how this law firm is run or a corporation is run, you know, unfortunately, there’s not lot of comparison…. There’s a lot of fun, there’s a lot of release.”

And a lot of painkillers. Former Angels players Matt Harvey, C.J. Cron, Mike Morin and Cam Bedrosian testified at Kay’s trial that he distributed blue 30 milligram oxycodone pills to them at Angel Stadium. Skaggs, testimony revealed, was a particularly frequent customer.

Testimony established that Kay was also a longtime user of oxycodone and that the Angels knew it. In a filing, the Skaggs family showed evidence that Angels team physician Craig Milhouse prescribed Kay Hydrocodone 15 times from 2009 to 2012. The Skaggs family also plans to call Trout, who according to the deposition of former Angels clubhouse attendant Kris Constanti, offered to pay for Kay’s drug rehabilitation in 2018.

Skaggs was a top prospect coming out of Santa Monica High in 2009, and the Angels made him their first-round draft pick. He was traded to the Arizona Diamondbacks a year later and made his major league debut with them in 2012.

Traded back to the Angels in 2014, Skaggs made the starting rotation, where he remained when not battling injuries until his death. His numbers were rather ordinary, a 28-38 win-loss record with a 4.41 earned-run average in 96 career starts, but his lawyers pointed to his youth and the escalating salaries given to starting pitchers in asking for a jury award of at least $210 million and as much as $785 million.

Skaggs earned $9.2 million — including $3.7 million in 2019 — and would have become a free agent after the 2020 season. Effective starting pitchers at a similar age and comparable performance can command multi-year contracts of $100 million or more.

Skaggs’ death prompted MLB to begin testing for opioids and cocaine in 2020, but only players who do not cooperate with their treatment plans are subject to discipline. Marijuana was removed from the list of drugs of abuse and is treated the same as alcohol.

MLB emergency medical procedures now require that naloxone be stored in clubhouses, weight rooms, dugouts and umpire dressing rooms at all ballparks. Naloxone, also known by the brand name Narcan, is an antidote for opioid poisoning.