Last Thursday, May 14, Cleveland County District Judge Thad Balkman signed off on summary judgment for Alabama defensive back Dre Kirkpatrick Jr., tossing a civil lawsuit filed by an Oklahoma fan who said he suffered a concussion after being hit during the chaotic field storming that followed OU's 24-3 win. The court concluded the fan entered a restricted area while thousands of people flooded the Gaylord Family–Oklahoma Memorial Stadium turf, and that his own actions undercut his negligence claim. The ruling ends the case at the district court level, although an appeal is already in the works.
Judge cites fan's own conduct in ruling
In his written order, Balkman pointed to stadium warnings, public-address announcements, and game footage submitted by both sides to show that plaintiff Braden Moxley had been warned to stay off the field and that he "assumed the risk" when he went out there anyway. The defense framed that argument under the in pari delicto doctrine. The judge granted the summary judgment Kirkpatrick requested, finding that Moxley's alleged trespass and behavior barred him from recovering either actual or punitive damages. As reported by USA TODAY, the order leans heavily on those warnings and the video record.
Video and injuries at center of the case
Video released by Moxley's attorneys shows him on the field during a timeout while security and staff were trying to clear the turf. Court filings state that he then turned to snap a selfie with Kirkpatrick in the background before being struck in the back of the head. Moxley was taken to an emergency room and diagnosed with a concussion, and his lawsuit sought both actual and punitive damages tied to the Nov. 23, 2024, incident. Coverage by News 9 noted that the game ended with thousands of fans storming the field twice and that OU was fined by the SEC for the rush.
Moxley's attorney, Mark Hammons, told News 9 he plans to appeal to the Oklahoma Supreme Court. He called the dismissal a dangerous precedent that, in his view, would let players from a losing team "beat up fans" who enter the field. Kirkpatrick's lawyer, R. Ryan Deligans, has argued that his client reacted on instinct and "defended himself given the totality of the circumstances," according to statements reported by Yahoo Sports. No criminal charges were filed against Kirkpatrick after the incident.
Legal precedent and stadium policy
The ruling turns on classic tort defenses such as assumption of risk and in pari delicto, which shift responsibility onto spectators who ignore posted restrictions and loudspeaker warnings. Legal observers say that kind of outcome could influence how schools and conferences manage postgame celebrations and field-storming scenes. OU had already taken a $200,000 SEC fine tied to the field storming, and the decision highlights the legal gamble fans take when they ignore stadium rules and pour onto the turf. Counsel for the player has praised the ruling as the correct outcome, while the plaintiff's team insists it is ripe for review in higher courts. As outlined by USA TODAY, the case is positioned to test how far these doctrines can shield athletes in crowded, chaotic environments.
What's next
Hammons has vowed to take the fight to the Oklahoma Supreme Court, setting up an appellate battle over how the law should treat on-field confrontations and the fallout from field-storming. A ruling from the higher court could either cement Balkman's focus on personal responsibility for fans or reopen the door to civil liability for players who strike people that have entered a restricted playing area. The dismissal has been covered across regional and sports outlets, including On3, which noted that the case wrapped up at the district level on May 14. Attorneys on both sides have made clear that the legal battle is not over yet.
