Nike Inc. will remain a defendant for now in a lawsuit filed by three men who allege they were attacked by security guards in February while taking photos of a rare Jordan Brand Koenigsegg sports car parked outside Crypto.com arena to celebrate the trade of guard Luka Doncic to the Lakers, a judge has ruled.
On Wednesday, Los Angeles Superior Court Judge Dean J. Kitchens denied a motion by Nike attorneys to dismiss all claims against the footwear company. The judge did find insufficient facts to support the plaintiffs’ claims for negligent hiring, supervision or retention, but said the plaintiffs had provided enough details to back allegations for assault, battery, intentional infliction of emotional distress and negligence.
The judge also denied a motion to dismiss the plaintiffs’ claim for punitive damages, noting among other things that the suit alleges that Nike acted with malice and conscious disregard for the plaintiffs’ rights by placing the specialty vehicle for viewing in a populated public space where alcohol was being served.
Nike will have another chance to move to be dismissed from the case later with a motion for summary judgment.
According to the Los Angeles Superior Court lawsuit, on Feb. 25 the plaintiffs were looking at the sports car on display for fans to view and take photographs of in the 800 block of Olympic Boulevard when they were assaulted by private security. Doncic was traded to the Lakers at the beginning of February.
The security guards punched plaintiff Cesar Moran in the face and he fell onto the pavement, then they hit him on the head and he lost consciousness, the suit filed April 2 alleges. Plaintiff Josue Arciniega broke his right fibula trying to help Moran and plaintiff Jacob Arciniega was struck several times in the head by the guards, the suit states. The suit does not state what relationship exists, if any between the Arciniegas.
In their court papers, the Nike attorneys contended that the twice-amended lawsuit offers no evidence that any Nike employee touched, confronted, communicated with, or interacted with the trio, or that the company hired, trained, supervised or communicated with the security guards.
But the judge noted in his ruling that the plaintiffs allege that Nike hired AJ Melino & Associates Inc. to provide security and that was enough to allege the footwear company is responsible for the actions of the security firm.
Previously, Moran and the Arciniegas dropped the Los Angeles Lakers as a defendant based on representations from L.A. Live, another co-defendant, that the Lakers did not control or have any other involvement with the premises or the event and that the Lakers did not employ any security personnel.
However, no statute of limitations will be enforced and the plaintiffs can bring the Lakers back into the case if subsequent discovery warrants the plaintiffs doing so, the plaintiffs’ attorneys’ court papers state.