49er Fan Stabbing Case Punted to State Court

A football fan, who was shot four times trying to save a friend outside a Forty-Niner Football game, must take his negligence claims to state court, a federal judge has ruled.

The claims by Daniel Long against the Forty Niners Football company are between parties all deemed residents of California, thus the federal courts have no jurisdiction to resolve the dispute, ruled U.S. District Judge Edward Chen, in an order last week.

(Jurisdiction in federal court comes, in part, when defendants are citizens of different states or countries.)

In August 2011, Long attended a 49er – Oakland Raiders preseason game at Candlestick park.  When he attempted to rescue a companion who was attacked in the parking lot he was shot four times.

He sued the 49ers for negligence and breach of contract, based on his purchase of a game ticket and a parking pass.  He argued the team knew fan safety was a growing concern after the stabbing at 49er – Raiders game a year earlier at CandlestickPark.

But Chen said that’s an issue for a state court to decide because the Forty Niners Holding Co., because it has two limited partners who are residents of California, is deemed to be a citizen of California.

The case must be filed in state court.

Case:  Long v. Forty Niners Football Co., No. C13-2919EMC



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