SAN JOSE (CBS SF) -- A San Jose man this week became the second person to sue San Francisco 49ers linebacker Aldon Smith and former 49er Delanie Walker, alleging that he was shot in the thigh during a gun battle at a raucous party at Smith's home near San Jose last year.
Aaron Reyes filed suit against Smith, Walker and other potential defendants on Tuesday in Santa Clara County Superior Court, saying that the bullet wound left him permanently injured and having to employ people to assist him day-to-day.
Reyes accuses Smith and Walker of general negligence and premises liability for the injury after the defendants fired guns during the party that started on the night of June 29, 2012, at Smith's leased hillside home in unincorporated Santa Clara County east of San Jose.
The suit was filed the same day as another lawsuit filed in Santa Clara County by Alameda County resident Ronndale Esporlas, who was shot twice in the leg and accuses Smith of premises liability and negligence for the injuries he suffered at the party.
Smith and the 49ers are playing their season opener on Sunday versus the Green Bay Packers at Candlestick Park in San Francisco. Walker, a tight end, now plays for the Tennessee Titans.
Reyes, represented by San Jose attorney Steve Defilippis, says in the lawsuit that Smith and Delaney engaged in "despicable conduct" and failed to provide security or screen people admitted to the party, including street gang members "who made their affiliation known in an open and notorious manner."
Smith, according to Reyes' suit, hosted the party that he and Walker advertised on the Internet and elsewhere, charged an entry fee to the partygoers and served alcoholic drinks including a concoction they called "Jungle Juice."
Smith had previously "established a pattern of having wild and boisterous parties at his home, and had a past practice of allowing guns to be negligently and intentionally discharged at his house" and created "an environment conducive to potentially violent acts," Reyes alleges.
Reyes attended the party "in good faith, with no knowledge of the potential for violence by others" and was never informed by the defendants about the dangers or that they owned firearms, according to the suit.
Both defendants failed to ensure that the guns they owned were kept secured and safe, in violation of California laws that regulate dangerous weapons, according to the suit.
The lawsuit alleges that at some point, the party got out of control due to unrestrained serving of alcohol, the open use of drugs in Smith's home and the defendants becoming intoxicated.
Smith and Walker attempted to end the "very crowded, loud, rowdy and boisterous" party, by going on a balcony, brandishing firearms and then "illegally discharging rounds in the air," according to the suit.
The pair then made their way to the house's driveway and "began firing a handgun in the air and towards others attending the party" and should have known it was "likely to and did provoke others to return gunfire," according to the suit.
A group of people on the home's property then started shooting toward Smith's home, catching Reyes and his friend "between the two groups firing gunshots at each other," the suit states.
Reyes was then hit by the gunfire, suffering a wound to his thigh that caused "severe and permanent catastrophic injuries," including nerve damage, according to the suit.
After the plaintiff was wounded, neither defendant called 911 to request medical assistance or police, according to the suit.
The suit requests damages in excess of $25,000, including previous and ongoing medical expenses, legal fees and compensation for lost earnings from Reyes' occupation, which he said he has been prevented from resuming due to the gunshot injury.
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