Major League Baseball

300-pound fan sued after falling on woman

Published Oct. 15, 2010 2:18 a.m. ET

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The 300-pound baseball fan who fell on a woman and broke her back at New York City's Shea Stadium was so drunk he could not even chant "Let's Go Mets," the woman's lawyer said Thursday.

Timothy Cassidy was so blasted before his sloshed tumble onto lawyer Ellen Massey on Opening Day in 2007 he could barely walk, was picking fights with random fans and dropping the "L" from the "Let's go Mets" chants, Massey's lawyer said in court.

"He was unable to pronounce the word 'Phillies' or say 'Let's Go Mets,'" said Joshua Kelner, Massey's lawyer.

Cassidy also was berating his fellow fans in the upper deck for not being loud enough, Kelner said.

"Why aren't you cheering for the Mets? I'll kick your (expletive) ass!" Kelner quoted him as saying.

The lawyer leveled the allegations to bolster his client's contention that the Mets and their beer vendor should be held responsible for his client's injuries for serving the obvious drunk more beer and for failing to have security remove him from the game.

Mets' lawyer Carla Varriale told the judge it was a "rowdy, boisterous crowd" on hand for the eventual 11-7 win over the Phils, and Cassidy did not stand out to security.

"When you drop the 'L' in 'Let's Go Mets' that does not mean slurring," Varriale said. "He may have been obnoxious, but that's not the same thing as challenging someone to a fight," she added.

"'I'm going to kick your ass is not a fight?" the incredulous judge responded.

Cassidy's lawyer, Brian O'Connor, maintains his client was not drunk, and was pushed by another fan who was upset with him for paying more attention to his Blackberry than the game.
 

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