Judge: Stow Children Can’t Sue Dodgers - News - @ JEMS.com


Judge: Stow Children Can’t Sue Dodgers

Stow, a paramedic from Santa Cruz, was attacked outside Dodger Stadium after the season-opening game.


 
 

BOB EGELKO, The San Francisco Chronicle | | Wednesday, October 5, 2011


A Los Angeles judge has ruled that the children of Giants fan Bryan Stow can't join their father in a lawsuit against the Dodgers over a near-fatal parking lot beating, but allowed Stow to seek punitive damages against the baseball team and its owner for allegedly enabling the assault by deciding to reduce security.

Stow, 42, a paramedic from Santa Cruz, was attacked outside Dodger Stadium after the season-opening game March 31 and suffered severe brain injuries. He has undergone several operations at San Francisco General Hospital, where his family reported two weeks ago that he was able to speak to them.

Two men from San Bernardino County have been charged with assaulting Stow and have pleaded not guilty.

A lawsuit, filed initially on behalf of Stow and his two children, accuses the Dodgers of creating the conditions that led to the assault.

The suit alleged that the team, aware that the parking lot is in a high-crime area and has been the site of other violent attacks, decided nevertheless to cut back on security starting in 2008. The Dodgers stopped hiring uniformed off-duty police officers, and their plainclothes guards took 10 to 15 minutes to reach the scene of the assault in a dimly lit area, the suit said.

On Friday, Superior Court Judge Abraham Khan granted the Dodgers' request to dismiss Stow's children as plaintiffs, saying they were not present and are not entitled to damages for the distress they suffered by learning of their father's injuries.

But Khan denied a defense request to dismiss Stow's claim for punitive damages against the team and its owner, Frank McCourt.

If a jury found that negligent security contributed to the assault, it could award Stow compensation for his financial losses and his pain and suffering. Khan said jurors could award additional damages as punishment if Stow's lawyers can prove allegations that the team cut security costs to subsidize McCourt's personal lifestyle.



Copyright © 2013 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Terms and Conditions | Privacy Policy


Connect: Have a thought or feedback about this? Add your comment now
Related Topics: News, Bryan Stow

What's Your Take? Comment Now ...

Featured Careers & Jobs in EMS

Get JEMS in Your Inbox

 

Fire EMS Blogs


Blogger Browser

Today's Featured Posts

 

EMS Airway Clinic

Innovation & Advancement

This is the seventh year of the EMS 10 Innovators in EMS program, jointly sponsored by Physio-Control and JEMS.
More >

Multimedia Thumb

Press Conference, East Village Explosion and Collapse

Fire is contained to four buildings; 12 people have been injured.
Watch It >


Multimedia Thumb

D.C. Mayor Adds Ambulances to Peak Demand Period

10 additional ambulances will be on the streets from 11 a.m. to 11 p.m.
Watch It >


Multimedia Thumb

Utah Commission Privatizes Ambulance Service

Mayors in Iron County loose management fight.
Watch It >


Multimedia Thumb

Ambulance Delay Raises Concerns over Response Times

Officers give up after waiting 20 minutes for an ambulance.
Watch It >


Multimedia Thumb

Patient Carry during Snowstorm

Firefighters, medics and officers lend a hand in Halifax.
More >


Multimedia Thumb

Terror Attack in Tunisia

19 people killed outside of a museum.
More >