Dodgers Seek Dismissal of Los Angeles Premises Liability Case

Los Angeles, CAThe Los Angeles Dodgers are reportedly asking a judge to dismiss a Los Angeles premises liability case against them stemming from a fan who sustained a broken neck after an allegedly drunk fan fell on him from the upper deck of Dodger Stadium, reports the City News Service.

The lawsuit, which was filed by Stephen Suarez and his brother Alex, alleges negligence, negligent infliction of emotional distress and premises liability, according to the news provider.

The suit stems from an incident during an October 2008 National League Championship Series game between the Dodgers and the Philadelphia Phillies. The brothers were reportedly sitting in the field box section while the other fan, Pete La Rosa, was sitting above them in the loge section, according to the lawsuit.

After heckling Dodgers fans throughout the game, La Rosa allegedly walked to the railing after the game was over, lost his balance and fell over into the field box level, according to the suit.

The suit claims that La Rosa was "severely inebriated and showed signs of intoxication throughout the game—a result of a marijuana cigarette, 10 beers and six shots of tequila prior to and during the game."

However, according to court papers, attorneys for the Dodgers claim that the accident was unforeseeable and that nothing like that had ever happened before at the ballpark.