Lawyers for the Los Angeles Dodgers want a federal court in Delaware to dismiss beaten fan Bryan Stow's lawsuit against the team.
Dodgers attorneys filed a motion with the bankruptcy court Friday, asserting Stow cannot prove the team is responsible for his injuries, MLB.com reports.
Stow, 42, of Santa Cruz, Calif., remains in rehab for severe brain injuries after two men attacked him in a Dodgers Stadium parking lot in March 2011. The attackers were arrested and are awaiting trial.
Lawyers for Stow and his two children filed suit against the Dodgers and team owner Frank McCourt -- first in California, and then in Delaware. Why sue in both states?
Because the Dodgers are bankrupt, and filed for Chapter 11 bankruptcy protection in Delaware in June 2011, according to a Dodgers press release.
Pursuant to the U.S. Bankruptcy Code, Bryan Stow's lawsuit against the Dodgers -- first filed in a California state court -- was automatically put on hold when the Dodgers filed for bankruptcy. So Stow's lawyers filed a claim with the bankruptcy court in Delaware in July.
Bryan Stow's lawsuit blames the Dodgers for allegedly reducing security staff and contributing to unruly fan behavior by offering half-price beer at the stadium on the night he was beaten, LA Weekly reports.
But the Dodgers' motion states the team is not responsible. Stow cannot prove that security staffing caused his injuries -- in fact, the team added more security for Opening Day, the motion claims. The team also had no knowledge of bad behavior by Stow's attackers before he was beaten, the motion states.
Bryan Stow's lawyer says the family is open to settlement talks, but the Dodgers have not played ball. "I think when they get a new owner, someone with integrity, someone who wants to do the right thing, everything will work out fine," Stow's lawyer told ESPN.
- Dodgers seek to have injured fan's claims dropped (Reuters)
- Bryan Stow and Family Sue LA Dodgers & Frank McCourt (FindLaw's Courtside)
- Dodgers File for Bankruptcy: Wise Move for Frank McCourt? (FindLaw's Tarnished Twenty)
- Chapter 11 Bankruptcy (FindLaw)