A Dodger fan can proceed to trial with his lawsuit stemming from a broken left foot and injured wrists he alleges he suffered from excessive force against him after he ran onto the field in excitement during a 2021 divisional playoff series game, a judge ruled Tuesday.
Juan M. Hernandez Jr.’s Santa Monica Superior Court lawsuit alleged negligence, premises liability, battery, false imprisonment and negligent hiring training and supervision. The Dodgers sought to dismiss four of the five causes of action.
Of the four, Judge Susan Bryant-Deason tossed only one, false imprisonment, because she believed the guards had a legal basis for detaining Hernandez.
Hernandez, by running onto the field, did not voluntarily assume the risk of excessive force, Bryant-Deason said.
“Plaintiff’s conduct may have been criminal, but that does not excuse the duty of security personnel to not act with excessive force,” the judge wrote while also ruling that Hernandez can pursue his claim for punitive damages.
According to Hernandez’s suit, he was present at Dodger Stadium on Oct. 12, 2021, when the Dodgers defeated the San Francisco Giants 7-2 to tie the best-of-five National League Division Series at two games apiece.
Hernandez, seated near the left field foul line, “became so excited with the prospect of winning game four of the series that he jumped onto the left field grass,” the suit states.
Almost immediately, Hernandez was tripped by a female security guard, then surrounded by and pounced upon by numerous other guards who began to strike, kick, stomp and choke him, the suit alleges.
Hernandez was handcuffed and escorted off the field by the security officers, who tightened his handcuffs and continued to be rough with the plaintiff, injuring both of his wrists despite his pleas for leniency and leaving him with a fractured left foot, according to the suit.
Hernandez alleges the guards used excessive force to restrain him even though he cooperated and did not put up any resistance. Trial of the case is scheduled Oct. 20.
Many other Dodger fans also have filed similar suits against the team involving encounters with guards and fans, usually in the parking lot or public areas inside the stadium.