Plaintiff in McGregor thrown can lawsuit moves for partial summary judgment

July 26, 2018

Earlier this month, the plaintiff in the Conor McGregor thrown can lawsuit from the pre-UFC 202 press conference moved the court for partial summary judgment seeking an order that the UFC two-division champion was liable for throwing a can that hit William Pegg.

In the moving papers, Pegg embeds still photographs of McGregor throwing “unopened beverage cans from the stage towards the audience.”  According to the pleading, “[t]he second of two cans thrown hit Pegg in his back, near his left shoulder.”  As proof, plaintiff’s attorney also embeds photos of Pegg’s shoulder showing the bruising.

Plaintiff’s Motion for Partial Summary Judgment by JASONCRUZ206 on Scribd

Specifically, Pegg requests that the Court issue an order that McGregor breached his duty of care by throwing the can, that the can hit Pegg, that McGregor committed the tort of battery and that Pegg was not comparatively negligent.

Plaintiff’s attorney argues that McGregor has not produced any evidence showing that Pegg was comparatively negligent and from a legal perspective, it does not apply to intentional torts.  As a result, Pegg argues that certain defenses claimed by McGregor are stricken as potential arguments used by the UFC fighter’s defense later on.

Notably, Plaintiff uses the Nevada Athletic Commission’s Findings of Fact from his hearing on the matter as an exhibit.

Payout Perspective:

While it might seem like good strategy for the plaintiff to obtain judgment on McGregor’s breach of duty and committing a tort, the real issue is that of damages, as in were there any. McGregor’s attorneys could (and probably should) stipulate to liability and argue damages.  This would eliminate any question surrounding the facts which caused the injury but focus on the actual damages as a result. So, if this were to go to trial, you can hypothetically limit evidence of the whole incident and focus on the damages based on a thrown can.  With that being said, the medical damages look minimal in comparison to the amount claimed by Pegg. MMA Payout will keep you posted.

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