Earlier this week, we posted about Brian Stow’s lawsuit against the Los Angeles Dodgers, which was days into jury deliberations and at risk of a mistrial.  Stow, a Giants fan, was assaulted by two Dodgers fans at a game, and contended at trial that the Dodgers’ inadequate security proximately caused the assault and his injuries.

After several days of deliberation, the jury finally rendered a verdict.  Stow was awarded $18 million in total damages, with the Dodgers 25% liable, and each assailant 37.5% liable.  (The Dodgers argued that Stow was responsible for his own injuries, given that he was intoxicated at the time of the assault – apparently, the jury was not receptive to that argument.)

According to that attached article, the jury awarded Stow $14 million in special (economic)  damages and another $4 million for pain and suffering.  This breakdown is significant to the Dodgers and their insurers.

Under California Law, personal injury defendants are jointly and severally liable for economic damages, but not for non-economic damages (i.e., pain and suffering.) As you can see, economic damages, including past and future medical expenses, comprised the bulk of the verdict.

The Dodgers will only pay $1 million of the $4 million pain and suffering award, but are on the hook for the entire $14 million non-economic award, jointly and severally.   Of course, they are free to seek indemnification and contribution from the two assailants, but the chance that either has assets rendering such a claim worthwhile is probably remote.