Tyler Skaggs’ Wrongful Death Case Goes to Jury as Angels’ Insurers Consider Settlement Options
Jury Prepares to Deliberate in Tyler Skaggs Wrongful Death Case
In a case reaching critical moments after four years, jurors in Orange County Superior Court are preparing to deliberate on the wrongful death suit filed by the family of late Angels pitcher Tyler Skaggs. The deliberations come after two months of contentious testimony regarding Skaggs’ tragic overdose in 2019.
During closing arguments on Monday, attorney Daniel Dutko, representing the plaintiffs, contended that the Angels organization acted negligently by failing to supervise Eric Kay, their communications director, who provided Skaggs with the fentanyl-laced pills that led to his death.
Conversely, defense attorney Todd Theodora argued that Skaggs was a secretive opioid addict who manipulated Kay into procuring drugs for him. Theodora maintained that the organization bore no financial responsibility towards Skaggs’ family.
The implications of the jury’s decision extend beyond the Skaggs family and the Angels; the verdict will likely impact the insurance agencies covering the Angels. Sources have indicated that the team is insured by multiple companies, each providing coverage with varying limits. This could allow for a potential settlement prior to the jury’s announcement.
“Insurance companies are in the business of mitigating risk; they don’t like uncertainty,” noted Brian Panish, a Los Angeles personal injury attorney not involved in the case. “In this situation, we are dealing with multiple insurance entities managing a tower of coverage.”
Should the jury’s decision be unfavorable to the Skaggs family—potentially awarding nothing—they not only face financial loss but also risk not compensating their legal team, which has invested extensive time and resources into the trial. A pre-verdict settlement could guarantee some form of compensation for the family and ensure their legal representation is rewarded for their efforts.
Negotiations are expected as both sides assess their positions before the jury delivers its verdict. A source familiar with the ongoing discussions indicated that one insurance company, positioned at the lower end of the coverage hierarchy, has been an obstacle to settlement progress. Previously, a "lowball offer" from the insurers was rejected by the Skaggs family.
Panish emphasized, “If a settlement proposal is within the insurance policy limits, there will be pressure on the defense to settle,” adding that exceeding policy limits complicates negotiations as the Angels would not be obligated to pay excess amounts.
The circumstances surrounding Skaggs’ death are undisputed. An autopsy revealed that the 27-year-old pitcher accidentally died from asphyxiation after ingesting a combination of fentanyl, oxycodone, and alcohol during a series in Texas. Kay, who was implicated in providing the counterfeit pills, is currently serving a 22-year sentence for his role in Skaggs’ death.
The Skaggs family, represented by attorneys Rusty Hardin, Shaun Holley, and Dutko, argued that some Angels employees were aware of Kay’s addiction yet ignored team policies by failing to act. The defense, however, framed Skaggs as a manipulative addict who pressured Kay into obtaining drugs.
Angels President John Carpino testified that both Skaggs and Kay were involved in drug usage, although evidence showed Skaggs distributed pills to teammates without selling them.
The Skaggs family is not only seeking compensation for lost earnings and emotional damage but is also pursuing punitive damages. Under California law, punitive damages are generally not permitted in wrongful death cases, except if the deceased suffered property damage. The family believes Kay’s actions led to fentanyl contaminating a confiscated iPad belonging to Skaggs.
Legal experts suggest that the jury will first consider economic and emotional distress damages before deciding on potential punitive damages. Closing statements served as a final opportunity for both sides to persuade the jury.
As deliberations loom, the stakes remain exceptionally high for all parties involved.







