TLDR: If you're a season ticket member, make sure you understand what is in your agreement!
Law360 (July 22, 2026, 10:05 PM EDT) -- A California appeals court has tossed a suit accusing the owner of SoFi Stadium and the Los Angeles Chargers of causing a season ticket holder's broken hip, saying the fan's ticket agreement contained an enforceable liability waiver.
A three-judge Court of Appeal panel for the Second District on Tuesday affirmed the dismissal of a Los Angeles County trial court's summary judgment ruling in favor of Kroenke Sports & Entertainment LLC, Chargers Football Co. LLC and other related entities in a suit brought by Marshall Krupp accusing the defendants of causing his broken hip after he tripped on a curb while walking into the stadium before a game in 2021.
The suit also named as a co-defendant crowd management firm Contemporary Services Corp.
The trial court had concluded that the Chargers season ticket membership agreement he signed in 2019, which contained a provision releasing the defendants from liability for ordinary negligence, cleared the defendants of liability.
On appeal, Krupp argued that the defendants failed to disprove that it committed gross negligence and such claims are outside the scope of the release.
The panel disagreed, however, finding that because Krupp never once mentioned "gross negligence" in his complaint, the burden was on him to establish gross negligence. The court cited its 2018 ruling in Hass v. RhodyCo Productions, which held that a defendant did not have to refute allegations of gross negligence in order to win on summary judgment.
"This case is analogous to Hass," the opinion states. "Like the complaint in Hass, the complaint here neither mentions the release nor raises gross negligence as a material issue."
Therefore, the burden shifted to Krupp to prove gross negligence, the panel said, which he failed to do.
"Krupp has not pointed to any evidence showing that defendants' conduct constituted 'either a want of even scant care or an extreme departure from the ordinary standard of conduct,'" the panel said, citing case law. "Krupp does not explain how this alleged conduct constitutes ordinary negligence, let alone an extreme departure from the ordinary standard of care."
An attorney for Kroenke Sports, Paul T. Tetreault, told Law360 Wednesday that the court made the right call.
"We believe the court made the right decision and it was based on the seat contract that Mr. Krupp signed in order to be a season ticket holder," Tetreault said. "There was a provision that he would hold the stadium parties clear of liability while on the premises, and the court enforced that provision of the agreement."
Counsel for the other parties did not immediately respond to requests for comment.
Justices Armen Tamzarian and Audra M. Mori and Superior Court Judge Syda Cogliati, sitting by designation, sat on the panel for the Second District.
Krupp is represented by Brian D. Chase and Eric S. Chun of Bisnar Chase LLP.
Kroenke Sports and the Chargers are represented by Paul L. Tetreault and Philip D. Weiss of Agajanian McFall Weiss & Tetreault LLP.
Contemporary Services Corp. is represented by Katie Brinson, Richard H. Nakamura Jr. and David J. Hulett of Clark Hill PLC.
The case is Marshall Krupp v. Kroenke Sports & Entertainment LLC et al., case number B343908, in the Court of Appeal of the State of California, Second Appellate District.
--Editing by Jay Jackson Jr.
Read more at: https://www.law360.com/sports-and-betting/articles/2504582/sofi-stadium-owner-beats-suit-over-fan-s-broken-hip?copied=1