A woman has trimmed two causes of action from her recently reinstated lawsuit in which she contends that the Los Angeles Dodgers’ medical team treated her with skepticism when she was injured when a drunken fan stumbled into her at Dodger Stadium in 2023 in what was a milestone pitching day for Clayton Kershaw.
Plaintiff Rebecca Arvizu alleges that a Los Angeles Police Department officer later told her, “Everyone is drunk at Dodger Stadium.” Her amended complaint filed Thursday alleges negligence, negligent hiring supervision and retention and premises liability. Missing are two additional allegations that were in her original complaint filed Feb. 28 that alleged civil rights violations and intentional infliction of emotional distress.
In a sworn declaration also filed Thursday with Los Angeles Superior Court Judge Holly J. Fujie, plaintiffs’ attorney Patricia Rodriguez says that she revised Arvizu’s complaint after conferring with Dodger attorneys who contended that some of the claims were subject to legal challenge.
“As a result of the meet and confer process, plaintiff and defendant agreed that plaintiff would file a first amended complaint to address the concerns raised by defense counsel,” Rodriguez said.
In May, Fujie tossed Arvizu’s lawsuit against the World Series champions because the team was never served with the plaintiff’s complaint, but the judge reinstated the complaint the same month after Rodriguez filed another explanation stating that she was unaware she was required to file a declaration in addition to actual service. Rodriguez called her misstep “excusable neglect.”
In her lawsuit, Arvizu said she went to Dodger Stadium on April 18, 2023, a game in which Clayton Kershaw went seven innings, struck out nine and won his 200th game as the home team shut out the Mets, 5-0.
Arvizu further says she was hurt when a drunken patron stumbled and collided with the plaintiff, causing her to fall over two rows of seats. She says she got a good look at the culprit, who went to another level, and could have identified him in a lineup.
Arvizu further contended that security failed to look for the person who hurt her and that she suffered a broken arm, fractured ribs and a lacerated leg. Dodger staff members took Arvizu to the stadium’s fan first-aid room, where she says she was treated skeptically by white EMTs who left her on the floor for a long period and who also appeared to believe that she was drunk because she is Latina.
Displeased with what she deemed to be the team security’s poor response, Arvizu tried to report her injuries to the LAPD in early May 2023, but was told by officers and staff that what happened to her “did not constitute a crime because the individual involved was intoxicated and the collision was deemed an accident,” the suit stated.
One officer told Arvizu, “Everyone is drunk at Dodger Stadium,” leaving the plaintiff with the impression the officer had a “dismissive” attitude about what happened, the suit further stated.
Arvizu says she ultimately convinced the officers to take a report, but that they “made it clear that no further investigation would occur,” according to the suit, which further states that Arvizu believes the decision was motivated by racial bias.
Arvizu is not suing the city or the LAPD.