The owners of the BMO Stadium and a security firm want a judge to order an independent psychological examination of a woman who is suing both entities, alleging both are liable for injuries she suffered when a fan who was crowd-surfing fell on her during a 2019 Misfits punk rock concert.
Jackeline Romero’s Los Angeles Superior Court lawsuit alleges 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 suit also alleges battery by several still-unidentified “Doe” patrons. The venue was then known as the Banc of California Stadium.
On Monday, the defense attorneys filed court papers with Judge Steven A. Ellis seeking the mental evaluation of the plaintiff, noting that during a deposition she attributed significant cognitive deficits and mental issues to the accident. Those problems include 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.
The parties had previously agreed to an impartial evaluation of Romero but put it off to try to mediate the case, the defense attorneys state in their court papers. After unsuccessful mediation in October and December, the defense started to re-notice the examination again, but their chosen expert’s home was burned down in the Palisades Fire and he retired, the defense attorneys’ court papers further state.
The two sides have not been able to reach an agreement concerning a replacement expert, to whom Romero’s attorney has made vague objections, according to the defense attorneys’ pleadings. A hearing on the motion to compel the mental exam is scheduled March 10.
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 further away and behind the VIP section, according to the suit. She believes all guests for the two areas were provided standing room only, the suit brought in October 2021 states.
Romero and her associates were standing near the front of the general admission section, directly behind the barrier, the suit states. 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 that they could get closer to the stage and the performers, 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 states.
However, the security team 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 states. 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 states.
Romero suffered multiple facial contusions, a jaw fracture, dental injuries and orthopedic injuries and a traumatic brain injury, the suit states.