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 ...

Buyer's Guide Featured Companies

Featured Careers & Jobs in EMS

Get JEMS in Your Inbox

 

Fire EMS Blogs


Blogger Browser

Today's Featured Posts

 

EMS Airway Clinic

Improving Survival from Cardiac Arrest Using ACD-CPR + ITD

Using active compression-decompression CPR with an ITD has been shown to improve 1-year survival from cardiac arrest by 33%.
More >

Multimedia Thumb

D.C. Fire and EMS Crews Blame New Technology for Patient’s Death

Delayed response blamed on recurring dispatch problems.
Watch It >


Multimedia Thumb

Suspect Steals, Crashes Maryland Ambulance

One killed, others injured in Prince George’s County crash.
Watch It >


Multimedia Thumb

Fire Breaks Out in Chicago Hospital

Kitchen fire in Presence Resurrection Medical Center spreads to second floor.
Watch It >


Multimedia Thumb

Tennessee Trench Rescue

Worker pulled from Roane County worksite.
More >


Multimedia Thumb

Time’s Ebola Firefighters

Doctors, nurses and others saluted for fighting virus.
More >


Multimedia Thumb

Car Strikes Manhattan Pedestrians

Seven people hurt when car jumps curb.
More >


Multimedia Thumb

Braun Ambulances' EZ Door Forward

Helps to create a safer ambulance module.
Watch It >


Multimedia Thumb

VividTrac offered by Vivid Medical - EMS Today 2013

VividTrac, affordable high performance video intubation device.
Watch It >


Multimedia Thumb

The AmbuBus®, Bus Stretcher Conversion Kit - EMS Today 2013

AmbuBus®, Bus Stretcher all-hazards preparedness & response tool
Watch It >


More Product Videos >