San Francisco 49ers linebacker Aldon Smith and former Niners tight end Delanie Walker have been named in a lawsuit by a Northern California man who said he was shot during a party at Smith’s house.
In the suit filed Tuesday in Santa Clara County Superior Court, David Kleczek, an attorney for Ronndale Esporlas, claims that Smith and Walker fired weapons illegally during a party at Smith’s San Jose home on June 29, 2012.
The players charged a $10 admission and $5 per drink, the lawsuit said. Smith, 23, and Walker, 29 were allegedly intoxicated on Smith’s balcony when they later fired gunshots in the air while trying to end the party, the lawsuit said.
Kleczek said they then moved to the driveway where he alleged more shots were fired. Esporlas, 21, was shot twice in the leg while he was allegedly ”caught in the crossfire between the two groups of people firing gunshots at each other,” the lawsuit said.
As a result, Esporlas, ”sustained serious, catastrophic and permanent injuries,” the lawsuit said. The lawsuit seeks unspecified damages.
Esporlas could not be reached for comment Wednesday.
Neither Walker nor Smith, who was stabbed at the party, has been charged in the incident. Walker now plays for the Tennessee Titans.
At the Niners’ headquarters in Santa Clara on Wednesday, Smith said the lawsuit came as no surprise but he declined to discuss it specifically.
Jim Harbaugh, the 49ers’ head coach, when asked if he had spoken to Smith about the lawsuit, said, ”the team is handling it.”
At the Titans’ headquarters in Nashville, Walker said after the team’s practice Wednesday that he’s focused on the season opener Sunday against the Pittsburgh Steelers.
”That’s something that I can’t worry about that happened a year ago,” Walker said.
When asked by reporters if it was strange that a lawsuit is filed more than a year after the alleged incident, Walker said, ”You said it. Said it best.”
Titans coach Mike Munchak said he talked with Walker briefly and said it won’t distract the team.
”I think he handled himself I’m sure well in the whole matter,” Munchak said. ”That’s not something we’re concerned about.”