The suit by Alameda County resident Ronndale Esporlas, which was filed in Santa Clara County Superior Court on Tuesday, accuses Smith of premises liability and negligence for the injuries he suffered at the party, which began the night of June 29, 2012, and continued into the next morning.
Esporlas, who is represented by Oakland attorney David Kleczek, alleges in his suit that Smith and Walker, who played for the 49ers but signed with the Tennessee Titans in March, "consumed significant quantities of alcohol and were legally intoxicated."
The suit states that they started firing handguns from Smith's balcony "in an apparent effort to attend the party."
According to the suit, Walker then made his way to the driveway and began firing a gun in the air and toward others who were attending the party.
A group of people near the street then allegedly began firing gunshots back toward Smith's house, and Esporlas and his friend were caught in the crossfire between the two groups, the lawsuit alleges.
Esporlas was shot twice in his leg and suffered "serious, catastrophic and permanent injuries," the suit states.
The suit alleges that Smith and Walker had a duty to provide a secure environment for people who came to the party because it was "a for profit operation," as they charged people $10 each to get in, and $5 per drink.
Smith and Walker also provided entertainment, including a D.J. and a dance area, according to the suit.
The lawsuit alleges that Smith and Walker illegally possessed handguns and that the guns "had been repeatedly and illegally fired on numerous occasions" by the football players prior to the party.
San Francisco 49ers officials and Smith couldn't immediately be reached for comment. The 49ers said last year that Smith also suffered minor injuries at the party.
Smith's home is located in the 4000 block of Higuera Highland Lane in the hills east of San Jose.
Santa Clara County sheriff's deputies were dispatched to the home at 2:14 a.m. on June 30, 2012, after receiving reports of shots fired.
They located two gunshot victims and a stabbing victim, and all three were taken to area hospitals. The sheriff's office would not confirm reports that Smith was the person who was stabbed.
The sheriff's office reported that deputies encountered a "chaotic" scene when they arrived at the home, and that there were at least 100 people at the party.
