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Personal Injury
Premises Liability
Negligent Security

Bryan Michael Stow, Tyler Stow, Tabitha Stow v. Los Angeles Dodgers LLC, Los Angeles Dodgers Inc., Dodger Tickets LLC, Dodger Tickets Manager Corp., LA HoldCo LLC, LA Partners LLC, LA Real Estate LLC, LA Real Estate Holding Co. LLC, Blue Landco LLC, McCourt LLC, The McCourt Co. LLC, The McCourt-Broderick Ltd. Partnership, Frank H. McCourt Jr., Fran

Published: Jan. 17, 2015 | Result Date: Jul. 9, 2014 | Filing Date: Jan. 1, 1900 |

Case number: BC462127 Verdict –  $17,914,200

Court

L.A. Superior Central


Attorneys

Plaintiff

Christopher T. Aumais
(Girardi & Keese)

Thomas V. Girardi
(Girardi & Keese)


Defendant

Dana A. Fox
(Lewis, Brisbois, Bisgaard & Smith LLP)

Daniel L. Martens

Barry Hassenberg
(Lewis, Brisbois, Bisgaard & Smith)

Christopher B. Harmon


Facts

Bryan Stow, Tyler Stow, and Tabitha Stow sued the Los Angeles Dodgers LLC, Los Angeles Dodgers Inc., Dodger Tickets LLC, Dodger Tickets Manager Corp., LA HoldCo LLC, LA Partners LLC, LA Real Estate LLC, LA Real Estate Holding Co. LLC, Blue Landco LLC, McCourt LLC, The McCourt Co. LLC, The McCourt-Broderick Ltd. Partnership, and Frank McCourt, in connection with an assault that Louie Sanchez and Marvin Norwood were convicted of committing, and that occurred on March 31, 2011.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that on March 31, 2011, plaintiff Brian Stow attended the Los Angeles Dodgers home opener game against its long-time rival, San Francisco Giants, with a few close friends. During the game, Dodger fans allegedly taunted and yelled at Stow and his friends for being Giants fans. Plaintiffs alleged that the Dodgers security staff never intervened in the matter. After the game, the Dodgers fans continued to both intimidate and physically threaten Stow and his friends. Again, no security ever came to diffuse the tension. Outside of the stadium, plaintiffs claimed, Sanchez and Norwood attacked Stow. There was no security present in the area, and the area also lacked adequate lighting. Stow lost consciousness as a result of the attack, and fell into a coma. Security personnel did not arrive at the scene until 10 to 15 minutes after the assault.

Plaintiffs contended that the Dodger entities and its owners were responsible for the attack on Stow. They argued that defendants failed to take reasonable steps to prevent the attack. Plaintiffs asserted causes of action for negligence, premises liability, and negligent infliction of emotional distress.

DEFENDANTS' CONTENTIONS:
Defendants disputed all of the plaintiff's liability contentions. Defendants contended that the amount of security present on the day of the incident was the largest security force for an opening day game in the history of Dodger Stadium. Defendants contended that spending for security increased every year during the ownership of the Dodgers under Frank McCourt, and the amount spent for security on the game in question was the most ever spent by the Dodgers for an opening day game.

Defendants argued that Sanchez and Norwood sat in the left-field loge section and Stow and his friends sat in the right-field pavilion, having no contact during the game. Defendants contended that the Dodgers were not aware and were never told of any alleged improper behavior by Sanchez and Norwood during the game. Defendants contended that neither Stow nor his friends made any complaints or reported any issues to or sought help from anyone with the Dodgers, including an usher or security officer, during the game.

The Dodgers argued that Stow began the first confrontation with Sanchez by making verbal comments to Sanchez's sister. Five minutes after that first confrontation, the second confrontation occurred, during which Stow was injured. The Dodgers offered evidence that at the time of the second altercation, Stow had a blood alcohol level of 0.18. A percipient witness testified that right before the second confrontation Stow had turned around, facing back toward Sanchez and Norwood, with his hands in the air and was yelling something and his face was angry.

The Dodgers contended that McCourt, who was sued in his individual capacity, played no role in the events that led to plaintiffs' injuries. The amount of past lost income and past medical expenses was stipulated to by the defendants.

Plaintiffs Tyler and Tabitha Stow were dismissed by way of demurrer.

Result

The jury rendered a verdict in favor of plaintiffs, finding the LA Dodgers LLC negligent, but Frank McCourt was found not to be negligent. The jury attributed 25 percent of fault to the L.A. Dodgers and 37.5 percent of fault each to Sanchez and Norwood. The jury awarded plaintiffs $355,000 in past lost earnings, $2,057,368 in future lost earnings, $4,650,871 in past medical expenses, $5.5 million in future medical expenses, $1.75 million in past non-economic loss, and $3.6 million in future non-economic loss. Bringing the total verdict to $17,914,238, of which the Dodgers are responsible for $13,901,738, plus interest at the annual rate of ten percent.


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