Attorneys for Frank McCourt and the Los Angeles Dodgers say they will file a civil action against the two men charged in the beating of Bryan Stow as part of their strategy in defending a lawsuit by the Giants fan, who was nearly killed after the home team's Opening Day victory.
The team filed papers in Los Angeles Superior Court on Wednesday stating that a cross-complaint will be filed against Louie Sanchez, 29, and Marvin Norwood, 30. Both are accused of attacking Stow as he and his friends left Dodger Stadium on March 31.
"It's really a tactical move by the Dodgers," said NBC LA Legal Analyst Royal Oakes. "It's an attempt to try to send a message to a judge or jury that in spite of Stow's allegations of poor security, poor lighting, poor response time-- that in fact the real reason for Stow's injuries rests with the criminals who assaulted him."
Team lawyers state in their papers that they expect Sanchez and Norwood will refuse to testify in depositions to avoid incriminating themselves in the criminal case.
"The (team's) inability to conduct meaningful (inquiries) of those individuals' acts and conduct will hamper the defendants' ability to prepare and present a defense in this case,'' the Dodgers' court papers state.
"I'm confident at some point in this litigation that the two individuals are charged with this crime will be brought into this both as defendants and cross-defendants in this case," said Jerome Jackson, Attorney for the Dodgers.
Stow and his children, Tyler and Tabitha Stow, filed the suit 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. They chose not to name Sanchez and Norwood as defendants.
Stow was beaten in the parking lot of Dodger Stadium shortly after the game. Police said he was attacked because he was wearing Giants gear.