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.
