AEG-Crypto.com Arena is asking to be dismissed as a defendant in a lawsuit filed by a man who says he was ambushed and robbed by three men in an upstairs restroom at the venue after being told by staff that the bathroom nearest his courtside seats was occupied by a “celebrity.”
Efren Grave’s Los Angeles Superior Court lawsuit alleges negligence and premises liability. The suit also includes a claim for negligent infliction of emotional distress on behalf of Grave’s minor daughter, who witnessed the alleged battery, as well as assault and battery against the still-unidentified assailants.
“The issue here is whether, as a matter of law, the security measures undertaken were commensurate with the duty to act reasonably in the management of the property,” the AEG attorneys state in court papers filed Monday with Judge Maureen Duffy-Lewis in advance of a June 25 hearing.
“Simply because an assault occurred is an insufficient basis to establish unreasonableness.”
The suit gives no specific facts as to how security could have prevented the attack on Grave, the AEG lawyers further argue in their pleadings.
“Plaintiffs merely vaguely alleged that there should have been more security and that the security failed to anticipate the attack or respond quickly enough” (but) no facts are alleged in the complaint to explain how security staff could have somehow magically known that (the plaintiff’s attackers) intended to assault Mr. Grave in the restroom,” the AEG attorneys contend.
According to the suit filed Feb. 25, Grave and his daughter were sitting courtside during the Lakers’ Nov. 13 game against the Memphis Grizzlies, won by the home team, 128-123. During the contest, the pair went to the nearest restroom, but the staff told them it was occupied by a “celebrity,” so they went upstairs to another bathroom, the suit states.
Grave was washing his hands when three men approached and began harassing him about the diamond watch and chains he wore, according to the suit, which further states that Grave was then struck on the head and further assaulted as he tried to leave the restroom. The complaint states that Grave was “robbed,” but doesn’t specify what property was taken.
Grave screamed for help, but security personnel and staff allegedly were distracted by the game and were not paying adequate attention. The suit further states that it was “reasonably foreseeable” to employees that visitors to the Figueroa Street venue could be assaulted.