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Dodgers Ask Court to Throw Out Claims in Bryan Stow Case

Dodgers ask court to throw out claims in Bryan Stow case

D.J. Short

Feb 3, 2012, 9:30 PM EST

9 Comments

The Asso­ci­ated Press reports that the Dodgers asked a U.S. Bank­ruptcy Judge ear­lier today to throw out claims against the team filed on behalf of Bryan Stow, the Giants’ fan who was severely beaten out­side of Dodger Sta­dium on Open­ing Day last year.

Stow and his fam­ily orig­i­nally sued the Dodgers in Cal­i­for­nia, but then filed the claim with the fed­eral court last July after Dodgers’ owner Frank McCourt filed for bankruptcy.

The Stow claim is, when stripped to its core, based on the faulty premise that a landowner is an insurer of the safety of per­sons on its prop­erty,” the Dodgers said in a 37-page motion filed with U.S. Bank­ruptcy Judge Kevin Gross.

The Dodgers are argu­ing that Stow’s rep­re­sen­ta­tives “can­not prove any link” between his injuries and any addi­tional secu­rity mea­sures that could have been pro­vided. Addi­tion­ally, the Dodgers assert that they had “no knowl­edge of any inap­pro­pri­ate con­duct” by Stow’s assailants prior to his injuries and thus, shouldn’t be held liable.

The Dodgers are cer­tainly within their rights to make this argu­ment, but as Stow’s lawyer Thomas Girardi men­tions, this stance isn’t going to win McCourt any fans in the court of pub­lic opinion.

The only good thing is, he’s out,” said Stow’s lawyer, Thomas Girardi. “Sel­dom in his­tory has an owner of a team been more hated, despised, than he is for his despi­ca­ble con­duct. So this is just per­fect. You wouldn’t expect any­thing else.”

Accord­ing to Ken Gur­nick of MLB.com, a hear­ing will be held on the mat­ter on March 7.

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