Posted on July 1, 2013 · Posted in Brain Injury

The former owner of the Los Angeles Dodgers faces a negligence lawsuit filed by a San Francisco Giants fans who was beaten, and sustained traumatic brain injury, by part of the hometown crowd.

The Wall Street Journal Monday published a story, with the headline “Can Fan Safety Be Ensured?,” about the pending litigation against McCourt. Major League Baseball took over the Dodgers from McCourt in April 2011, with the beating incident being the final straw in the former owner’s fall from favor with the league, according to The Journal.

http://online.wsj.com/article/SB10001424127887324251504578577694208872614.html

The beating victim, paramedic Bryan Stow, filed suit against the Dodgers, McCourt and several of his subsidiaries in state Superior Court in California in May 2011. The lawsuit charges that the team is liable for Stow’s injuries, in that it has a duty to provide¬† adequate security to keep fans from harm, The Journal reported. Stow is seeking money for his medical care and wants compensation for lost wages.

Here was Stow’s mistake: In San Francisco Giants fan regalia he traveled to Los Angeles to watch his team play the Dodgers on Opening Day at Dodger Stadium on March 31, 2011.

Stow and his friends got into an argument with Dodgers’ fans Louie Sanchez and Marvin Norwood, with both sides insulting each other, according to The Journal. A fistfight broke out in the parking lot of Dodger Stadium, and Sanchez allegedly punched Stow on the side of the head.

Stow fell and hit his head on the pavement, sustaining brain injury. It’s been two years since the incident, but Stow still can’t walk on his own and “has trouble speaking coherently,” The Journal wrote.

In a motion in June seeking to dismiss the case, McCourt’s lawyers contended that there was a virtual army of security on duty at the Los Angeles stadium on Opening Day 2011. Overall, there was one security officer for every 124 fans, The Journal said, citing the motion papers.

In other words, McCourt contends that he did provide adequate security, even though it failed to stop the fight that led to Stow’s TBI.

The suspects, Sanchez and Norwood, have pleaded not guilty to assault charges.

 

 

About the Author

Attorney Gordon S. Johnson, Jr.
Past Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447