Facts

Defendant promoter organizes and promotes and exhibition soccer match between retired players from the Mexican professional soccer teams, Club America and Club Chivas.
Club America and Club Chivas have a bitter rivalry dating back to the late 1940s.
The three plaintiffs, Hilario Cruz, his 8- and 11-year-old step kids, along with the children's mother, attended the soccer game to cheer on their favorite team, Club America.
Approximately 40 minutes before the Club America and Club Chivas game was to start, defendant promoter ordered the gates to the event closed to prevent unruly fans from gaining access to the event.
As the plaintiffs attempted to enter the stadium, they were locked out with the unruly fans. Rival fans begin fighting each other in the street out in front of the stadium. Cruz was surrounded and beaten by a group of approximately eight rival fans.

PLAINTIFF'S CONTENTIONS: Plaintiffs sued defendant promoter for negligence, alleging defendant failed to provide adequate security, failed to call police in a timely manner and locked plaintiffs outside of the safety of the soccer stadium.

Plaintiffs' expert, Gil Fried, argued that defendant promoter fell below the standard of care by failing to properly
investigate the teams and their issues, failing to provide an adequate number of security guards, failing to call the police when defendant promoter knew there was an issue outside his event and locking the Plaintiffs outside of the safety of the venue.

DEFENDANT'S CONTENTIONS: Defendant alleged that Cruz was a willing participant in the fighting based on video and photographic evidence.

Defendant's expert, Stanley Kephart, argued that there was nothing that defendant promoter did, or didn't do, that would have prevented the harm to the Plaintiffs.

Injuries

Cruz's injuries include the loss of his left eye, stab and puncture wounds to his back, memory loss, hearing loss and chronic pain in his back. The children suffer from post-traumatic stress disorder.

Result

Plaintiffs' verdict for $1,449,293. The jury apportioned responsibility 15% to Hilario Cruz; 15% to defendant; 70% to third parties; 0% for minor plaintiffs

Deliberation

two days

Length

16 days