MIAMI — A lawsuit that seeks to become a class action was filed in federal court Friday, coming on the heels of at least three lawsuits filed in state court each seeking more than $100,000 in the aftermath of the Copa America final .
An ugly security failure at the July 14 match resulted in medical emergencies, arrests and some ticket-paying fans denied entry while others without tickets filled the stands.
The complaint seeking to be a class action was filed with the United States District Court in Miami and lists four defendants: CONMEBOL (the South American Football Federation in charge of Copa America), Concacaf (Confederation of North, Central America and Caribbean Association Football), South Florida Stadium (Hard Rock Stadium operators) and Best Crowd Management, Inc.
The three other lawsuits – filed in the Eleventh Judicial Circuit of Florida, serving Miami-Dade County – listed only CONMEBOL and South Florida Stadium as defendants.
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Stadium officials, in conjunction with CONMEBOL, CONCACAF and local law enforcement, decided the best course of action to prevent an emergency situation while eager fans crowded the stadium gates was to let everyone in, tickets or not. But after the mass entrance, the stadium gates remained closed to all, even ticket-holders who missed the rush.
“It was Woodstock ’99 with little kids in the middle of a Miami heatwave,” Miami-based lawyer Irwin Ast told USA TODAY Sports on Friday, referring to the notorious large-scale music festival remembered as a disaster for overcrowding. “It’s crazy what these people went through.”
Hard Rock Stadium declined comment, while COMNEBOL has not yet responded to a USA TODAY Sports inquiry for comment regarding the lawsuits.
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The complaint does not seek damages related to any personal injuries, which Ast, along with co-counsel from Tampa-based law firm Varnell & Warwick, P.A., said could also be filed separately.
Ast said his law firm has been overwhelmed with ticket-paying fans seeking damages, and estimates “thousands” of people could be added to the complaint seeking to be a class-action.
“We’re dealing with a scene of total chaos. A lifetime memory turned into a nightmare for these folks,” Ast said. “We’re confident it’ll be certified as a class action lawsuit. We’re really eager to get into the courthouse, pick a jury and try this case.”
The complaint seeking to be a class action alleges the “defendants’ failure to implement adequate security protocols resulted in mass chaos, injuries” while excluding ticket-paying fans, who “paid thousands of dollars for tickets and travel accommodations” to attend the Copa America final.
Hard Rock Stadium, CONMEBOL and Concacaf are working with Ticketmaster to offer refunds to fans denied entry to the Copa America final , a stadium official told USA TODAY Sports on Friday. But that won't help people who purchased tickets on resale sites, such as SeatGeek or StubHub.
The complaint also blames the defendants for failure to implement an adequate and reasonable security and safety plan, predict scope and scale of unticketed attendees present, and other security and safety protocol failures.
Das Noble, an Argentina fan from Dallas who attempted to attend the final with his wife and two children, is listed as the lead plaintiff in the class-action complaint. Noble purchased four tickets from resale website SeatGeek for $9,948.86. He paid $4,587.87 for hotel accommodations and $10,000 for flights. And he left the stadium at 9:50 p.m. after his family was denied entry, according to the complaint.
Jacqueline Martinez, whose lawsuit was filed by Ast on Monday, bought four tickets worth $4,395.59 from Ticketmaster. But she was “unable to attend the sporting event and suffered monetary loss, emotional distress and other damages,” according to court documents. Ast also filed a joint lawsuit for Marta Pintos, Eduardo Martinez and Nicolas Osorio on Thursday.
Isabel Quintero says she “suffered severe injuries” and was “pushed, trampled and slammed into objects” in another lawsuit filed on Thursday. She’s represented by Miami-based law firm Goldberg & Rosen, P.A.
“I really thought they’re going to break my arm or break my leg,” Quintero told South Florida FOX affiliate WSVN-TV , showing bruises on her arm and leg after the game. “There’s people passing out. There’s kids screaming. The situation was just horrible. It’s not what you think you’re going to get when you spend thousands of dollars.”
CONMEBOL blamed Hard Rock Stadium officials , saying it provided security recommendations “which were NOT taken into account.” The stadium responded saying it “implemented, and in many cases exceeded, CONMEBOL's security recommendations” throughout the Copa America tournament and final.
This article originally appeared on USA TODAY: Lawsuits filed after Copa America nightmare. Fans take action against organizers, stadium
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