A couple suing the city of Pasadena, the Rose Bowl and a security services company after the man lost part of a finger during a confrontation with another fan at Beyonce's and Jay Z's "On the Run" concert at the Rose Bowl in 2014 can take their case to trial, a judge ruled Thursday.
Los Angeles Superior Court Judge Benny Osorio ruled there were triable issues in the lawsuit filed by Patrick and Yolanda Saavedra in March 2015, alleging negligence and negligent infliction of emotional distress. They seek damages against the city, the stadium and Contemporary Services Corp.
The Saavedras attended the concert Aug. 2, 2014, the first of two performances by Beyonce and Jay Z. Robert Garnica of San Diego bit Patrick Saavedra's finger during a confrontation that started after Garnica allegedly pushed Yolanda Saavedra, according to the plaintiffs' court papers.
Yolanda Saavedra had previously tried to have security clear away a group of people that included Garnica who were standing near a rail in an area reserved for the handicapped because they were blocking her and her husband's view of the concert, their court papers stated.
A guard ordered the group to leave, but they later returned, so Yolanda Saavedra walked up and stood near the rail so she could see the singers, the plaintiffs' court papers stated Garnica pushed Yolanda Saavedra below the waist and caused her to fall against a bar, the plaintiffs' court papers stated.
Her husband's finger was injured at the end of the brief struggle between Garnica and her husband, who was attacked after he told the man not to touch his wife, the plaintiffs' court papers state.
Plaintiffs' attorney Michael Carrillo said after the hearing that Patrick Saavedra lost part of the tip of his left index finger. He said the injury made it difficult for his client to do such basic tasks as type and button his clothing. However, he is currently working and is employed by a law firm, Carrillo said.
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Carrillo argued that the security staff knew before the Rose Bowl concert that an altercation occurred in a previous concert held by the singers in Seattle.
Defense attorney Scott Leavitt argued his clients are not liable because there were no signals to them that something bad was about to happen.
"You can't go back in time to prevent a crime," Leavitt told the judge.
In their court papers, the defense attorneys said the altercation lasted eight seconds. Garnica was permitted to stand in the area where he was watching the concert and nothing happened between him and the Saavedras before the altercation, according to the defense attorneys' court papers.
Leavitt said he was disappointed with the ruling and that it will be up to his clients whether to appeal.
The suit maintains there was inadequate supervision of fans "to prevent criminal conduct against persons such as plaintiffs.'' Garnica was not sued by the Saavedras, but was named as a defendant in a cross-complaint filed by the main defendants.
The city, Rose Bowl management and Contemporary Services knew of "Garnica's propensity to commit violent crimes and lewd and lascivious acts upon visitors to the Rose Bowl," the suit states.
Yolandra Saavedra suffered emotional distress from the attacks on her and her husband and continues to do so, according to the suit.