The owners of BMO Stadium and a security firm have reached a tentative settlement with a woman who sued both entities, alleging they were liable for injuries she suffered when a crowd-surfing fan fell on her during a 2019 Misfits punk rock concert.
Jackeline Romero’s Los Angeles Superior Court lawsuit alleged premises liability and negligence by LAFC Sports LLC and other related companies that together own the arena, as well as security firm Contemporary Services Corp. The venue was then known as Banc of California Stadium.
On Thursday, Romero’s attorneys filed court papers with Judge Steven Ellis notifying him of a “conditional” resolution in the case with the expectation a request for dismissal will be filed by May 15.
No terms were divulged.
In her court papers, a defense attorney denied any liability on the part of her clients and said Romero’s claims were barred by the statute of limitations.
According to her suit, Romero was present at the arena on June 29, 2019, to view the sold-out Misfits concert, which included general admission and VIP viewing areas separated by a barrier. The VIP area was closer to the stage and the performers, while the general admission section was farther away and behind the VIP section, according to the suit. She believed all guests for the two areas were provided standing room only, the suit brought in October 2021 stated.
Romero and her associates were standing near the front of the general admission section, directly behind the barrier, the suit stated. Throughout the concert, security staff members were stationed at the rear of the VIP section, facing the general admission section, with their backs to the stage.
From the concert’s start, many patrons in the general admission area tried to scale the barrier between the VIP and general admission areas so they could get closer to the stage, while Romero and those with her tried several times to get the attention of the security staff to tell them they were being pushed into the barrier, the suit stated.
However, security did not stop the crowd from thrusting Romero and others near the front of the general admission area into the barrier, nor did they try to prevent the unruly general admission ticket holders from scaling the barrier into the VIP area, the suit stated. One such fan, with the help of those with him, tried to crowd surf his way over the barrier, but instead fell on the back of Romero’s head and neck, causing her to slam into a metal barrier, the suit stated.
During a pretrial deposition, Romero attributed significant cognitive deficits and mental issues to the accident. She cited a traumatic brain injury with symptoms such as post-traumatic migraines/headaches, nerve pain, neurocognitive deficits, vertigo, balance issues, visual disturbances, depression, anxiety, sleep disturbances and fatigue.