The family of a baseball fan who was badly beaten after a Los Angeles Dodgers game last year can proceed with their California lawsuit against the team.

A Delaware bankruptcy court judge approved an agreement on Monday to let the family of Bryan Stow proceed with their negligence lawsuit once the Dodgers emerge from bankruptcy, which could be as soon as next month.

Stow, a 43-year-old fan of the rival San Francisco Giants, was beaten in a Dodger Stadium parking lot in March 2011.

Two men were arrested for the attack.

The attack left him with the cognitive ability of a child, and he may never walk again, his lawyer told the Delaware court this month.

Stow's family sued the team and its owner, Frank McCourt, last year for failing to provide adequate security. That lawsuit was automatically put on hold by the Dodgers bankruptcy.

In exchange for the Dodgers agreeing to allow the Stow lawsuit, the family agreed to limit their recovery to money available under insurance policies, which the team has said could be up to $300 million.