SANTA CLARA (CBS SF) — The victims of a brutal beating at a Levi’s Stadium bathroom last year say the San Francisco 49ers are partly to blame.
Cousins and season ticket holders Kiran and Amish Patel filed a lawsuit Friday in Santa Clara County Superior Court accusing the 49ers of not doing enough to prevent violence from drunken fans.
Two Central Valley brothers were both arrested and charged with assault after a cellphone video surfaced on YouTube appearing to show them throwing punches and kicking the Patels.
EDITOR’S NOTE: The video is graphic and may be disturbing:
Kiran was knocked unconscious and left with a serious brain injury.
In the lawsuit, the Patels’ attorneys say stadium guests “should be allowed to enjoy their gameday experience in a safe and enjoyable atmosphere free from fighting, overly intoxicated patrons and gang activity,” and that Levi’s Stadium “had a legal duty to exercise ordinary care to ensure the safety of all persons.”
The lawsuit mentions prior similar acts of violence at NFL football games in addition to “the pattern of criminal and violent behavior engaged in by NFL players, including members of the San Francisco 49ers.”
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The brothers, both described as reputed gang members by Santa Clara County prosecutors, assaulted the Patels at a 300-level men’s bathroom at the stadium last October.
Amador Rebollero, 28, was sentenced to five years in state prison. Rebollero’s brother, 35-year-old Dario, plead no contest to a felony assault charge in exchange for three years of probation and 30 days in county jail.
(L-R) Dario Rebollero, Amador Rebollero (Santa Clara Police Dept.)
An investigation determined that the Kiran nudged Amador’s shoulder to indicate a urinal was open, police said.
Amador said he didn’t like being pushed and punched Kiran, knocking him unconscious.
Amish tried to stop Amador but was thrown to the ground by Dario.
The lawsuit seeks unspecified damages to pay for the Patels’ ongoing medical costs from the incident.
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A 49ers spokesperson said they are not commenting on the pending litigation.
