A defense motion to dismiss Bryan Stow's children from a lawsuit against Frank McCourt and 13 Dodger entities was granted Friday, but a judge allowed all other allegations in the case.
The suit filed May 24 is in connection with the March 31 assault on Stow, a San Francisco Giants fan, outside Dodger Stadium. It alleges assault, battery, negligence, premises liability, negligent hiring, assault and both intentional and negligent infliction of emotional distress.
"We're pleased that all the other allegations have been upheld,'' Stow attorney Thomas Girardi said. "I'd like to do well for this family. They've been through a lot."
Defense attorneys had requested that Stow's children be dismissed from the lawsuit because they were not actually present when the attack occurred.
"This was a random act of violence,'' Dodgers attorney Jerome Jackson said of the opening day attack. "You don't make it better by injecting children as plaintiffs. We didn't cause these injuries and we're not responsible for them.''
Stow's attorneys contend in the lawsuit that McCourt's alleged financial mismanagement of the organization left the Dodgers short of the money needed for proper stadium security.
The lawsuit includes an estimate of Stow's medical expenses related to a March 31st assault outside Dodger Stadium -- $50 million.
The judge was expected to set a trial date for the lawsuit, but a decision was delayed to Jan. 13. The delay is because of the Dodgers' decision to pursue civil action against the two suspects in the assault.
Motions in the criminal case were heard Friday against two suspects in the beating. Louie Sanchez, 29, and Marvin Norwood, 30, are accused in the attack on Stow, 42, as he left the stadium with friends.
A pre-trial hearing in that case will likely be set next month.
Both men pleaded not guilty. The judge ordered both held in lieu of $500,000 bail.
Stow's family said earlier this week he is showing progress. He remains hospitalized at San Francisco General hospital.
