Posted: 10:25 p.m. Tuesday, Sept. 3, 2013
By David Fucillo
Current 49ers linebacker Aldon Smith and former 49ers tight end Delanie Walker have been named in a lawsuit filed by a man who was shot at a party Aldon hosted last year. This is the same party where Aldon was stabbed with a small knife. You can read the lawsuit HERE (PDF).
The plaintiff is actually suing Aldon Smith, Delanie Walker and "Does 1 through 100". That basically means, they are naming Smith and Walker specifically, but then throwing it open for other potential defendants to be named. As the facts state, the plaintiff alleges he and a friend were caught in crossfire between two groups of people, that happened to include Smith and Walker.
The lawsuit is for premises liability, negligence and an intentional tort. Under premises liability, the complaint states the defendants "owed a duty to those lawfully present on their property to exercise ordinary care in the use of the premises to avoid exposing others to an unreasonable risk." The suit states that there were illegal guns on the premises, and Smith and Does knew about them. Furthermore, they should have known their was a propensity to fire off the guns illegally on the property, the guns were in fact actually fired off in violation of the California Penal Code, and because of that the plaintiff was shot twice in the leg.
The negligence claim is based on the fact that Smith and others were allegedly charging for admission and drinks at the party. It states that because this was "operating a for profit operation", the defendants had a duty to provide a safe and secure environment. Once again, illegal guns were on hand, it was negligent, plaintiff got shot.
The third claim is for an intentional tort. It simply states that "Aldon Smith, Delanie Walker and Does 1 through 100 intentionally, unlawfully and dangerously fired guns into a group of people, and plaintiff was shot.
If I was back in law school, this might be a multiple choice question at best on one my torts exam. It is entirely possible Aldon Smith and Delanie Walker went off and shot guns in the air. I wasn't there so I don't know. But common sense tells me that this is probably just a shakedown attempt. No criminal charges were ever brought, although that obviously does not mean nothing happened. But given that this names the two well-known people, and then claims 100 Does, consider me skeptical.