In response to the Mets' claims that this man's fall was "random and unforeseeable," the plaintiff's attorney - and the judge - pointed out that before his plunge, he was slurring his words so badly that he couldn't even pronounce the words "Let's go Mets!" and had threatened several people with bodily harm unless they chanted louder for the Mets.
Although the Mets' counsel dismissed this as "normal" behavior, the Judge was unimpressed, stating "'I'm going to kick ----- ------' is normal behavior?"
The plaintiff's attorney also cited several witness accounts that the fan returned to his seat - twice - with one oversized cup of beer in each hand.
I don't think it takes a great deal of imagination to guess which way the judge is leaning on the Mets' application to dismiss the lawsuit.