DOWNTOWN LOS ANGELES (KABC) -- A Dodgers fan who sat near Bryan Stow before Stow was attacked in the Dodger Stadium parking lot took the stand Wednesday.
In a civil lawsuit against the Los Angeles Dodgers organization and former owner Frank McCourt, the Dodgers defense says Bryan Stow was intoxicated on opening day 2011, that he became loud and boisterous and that his own behavior provoked an attack by a rival fan.
Stow was attacked and beaten in Lot 2, resulting in permanent brain damage. He is suing to compensate for lifetime medical care expenses.
Hospital personnel testified Wednesday that his blood-alcohol level two hours after the assault was 0.176. The Dodgers defense told the jury that is more than double the legal limit if Stow had been driving.
Through witness accounts, the Dodgers lawyers have chronicled the amount that Stow drank, and when.
Stow, a Giants fan, was vocal, according to Juan Banda, who sat nearby in the stands. He said he was offended when Stow said he would rather "eat his own feces than a Dodger dog." He said he scolded Stow. Then, he testified, Stow was quiet for the rest of the game.
Jesus Hernandez said that later in the stadium parking lot, he saw someone who appeared to be Stow turn to a group of exiting fans with his hands raised. He appeared angry and was yelling. Hernandez said minutes later he saw Stow out cold on the pavement.
The Stow attorneys questioned whether Hernandez knew for sure whether it was Stow yelling earlier. He described someone in a gray jersey -- Stow's was black.
Stow's lawsuit claims there were gaps in the deployment of security that left Lot 2 unguarded that night.
The Dodgers defense says fan security is their highest priority and that their security measures were reasonable.
Wednesday, the Dodgers' former chief financial officer testified that in the four years before the attack, the budget for security went up, even in one year when attendance went down.
Defense has only days before it rests. Jury deliberations could begin next week.