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LOS ANGELES (CBS) — Lawyers for the Dodgers and owner Frank McCourt have filed court papers challenging some of the claims in the lawsuit by Dodger Stadium beating victim Bryan Stow, asking that the request for punitive damages be dismissed.
Stow and his children, Tyler and Tabitha Stow, filed the suit in Los Angeles Superior Court against McCourt and 13 team entities on May 24. Among the claims are assault, battery, negligence, premises liability, negligent hiring, assault and both intentional and negligent infliction of emotional distress.
But according to papers filed by Dodger attorneys this week, 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.
The defense attorneys also want the removal from the suit of language relating to the sale and consumption of alcohol at the stadium, the fact that a half-off beer promotion was cancelled after the Stop beating, allegations of financial mismanagement by McCourt, and references to a “purported gang presence at Dodger Stadium.”
In addition, the team lawyers say Stow’s two children should not be able to pursue a negligence claim because they were not at the game, nor were they present when their father was injured.
“It is axiomatic that a premises owner cannot owe a duty of care to a third party who is not on the premises…”, the Dodger court papers state.
The lawyers also say the children do not have a viable claim for loss of consortium, society and comfort.
“As a matter of law, the child of an injured parent many not pursue a claim for loss of consortium in connection with the parent’s injury,” according to the defense attorneys’ court papers.
The attorneys also say 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 before Judge Abraham Khan, who inherited the case after the Dodgers filed papers removing Judge Mel Red Recana.
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