Dodgers' Lawyers Challenge Claims in Stow Lawsuit

The family filed a lawsuit on May 24

Sunday, Aug 14, 2011  |  Updated 10:34 AM PDT
View Comments (
)
|
Email
|
Print
Timeline: The Frank McCourt Era

support4bryanstow.com

Bryan Stow with his son Tyler

advertisement
Photos and Videos
More Photos and Videos

A request from the Bryan Stow family for punitive damages should be removed from a lawsuit against owner Frank McCourt and the Dodgers, according to attorneys for the team.

Special Section: Bryan Stow Case | Case Timeline

Stow and his children, Tyler and Tabitha Stow, filed the lawsuit May 24 in Los  Angeles Superior Court. Dodgers attorneys filed papers challenging the Stows' lawsuit this week. 

The family's lawsuit names McCourt and 13 team entities. Among  the claims are assault, battery, negligence, premises liability, negligent  hiring, assault and both intentional and negligent infliction of emotional distress.

The Dodgers' attorney argue in their filing this week that the lawsuit  is vague regarding the claim for punitive damages.

"Most notably, the complaint does not specifically state which of the 14 named defendants undertook the alleged actions that purportedly gave rise to  punitive damages,'' the Dodgers' court papers state.

Defense attorney also requested removal of language related to the sale and consumption of alcohol at the stadium, the fact that a  half-off beer promotion was cancelled after the March 31 Stow beating, allegations of  financial mismanagement by McCourt, and references to a "purported gang  presence at Dodger Stadium.''

Team lawyers said Stow's two children should not be able  to pursue a negligence claim because they were not present when their father was injured. Stow was at the game with friends, other San Francisco Giants fans, when he was attacked outside the stadium after the opening day game.

The lawyers also claim the children do not have a viable claim for loss of consortium, society and comfort. They said Stow and his children do not have a valid claim  for negligent infliction of emotional distress.

A hearing on the team's motions is scheduled Sept. 30. 

Stow remains hospitalized in the Bay Area.

Two suspects in the assault pleaded not guilty earlier this week. A pretrial hearing was scheduled for Sept. 30.

Get the latest headlines sent to your inbox!
View Comments (
)
|
Email
|
Print
Leave Comments
Bay Area Proud
Bay Area Proud is NBC Bay... Read more
Follow Us
Sign up to receive news and updates that matter to you.
Send Us Your Story Tips
Check Out