On Wednesday, September 28, Courthouse News Service's Entertainment Law Digest reported that a woman's personal injury lawsuit, against a band manager and a venue operator, will proceed to trial for injuries she sustained while attending a rock concert.
The injuries that occurred during a F.B. show were due to one of the band member's well-known stage-diving antics. In this instance, once A.M., also known by the stage name Dr. M.V., flung himself from the stage and into the crowd, he landed square on the victim, K.M.
K.M. sustained a skull fracture, collarbone fracture and a perforated eardrum during the melee in February 2010.
A federal judge has ruled that the victim may proceed to trial and seek punitive damages from the rock band's manager and the operator of the W.C.L. in Philadelphia.
U.S. District Judge Jan DuBois said that it was obvious to him that the plaintiff had suffered severe injuries, and, that Dr. M.V. had created a reputation for himself as a well-known stage-diver - prior to the events in February 2010.
The judge also laid blame on S.B. Artist Management, as F.B.'s manager.
In a 7-page opinion written by DuBois, one section read, "(A.M.) is well-known in the industry for his antics on stage, including stage diving. (F.B.'s) MySpace Internet page is headlined with a picture of (A.M.) jumping into the audience at a performance; the same picture is featured on the cover of (F.B.'s) latest album, which was on sale at the (W.C.L.) performance. In fact, (S.B.) was aware of a prior incident in which a member of the audience at a (F.B.) performance was injured when (A.M.) dove off the stage."
The amount of control that S.B. had over F.B.'s shows is the only thing that remains unclear, per DuBois.
Real Entertainment Inc. operates W.C.L.
Both S.B. and Real Entertainment have asked that the victim be precluded from pursuing punitive damages. They claim that damages would be inappropriate as both companies were not aware of a stage-diving risk to M.K., prior to the accident. Therefore, they claim, they were not in any position to prevent the accident from occurring.
Dubois denied motions for summary judgment and the judge remains uncertain as to whether statements claimed by S.B. and Real Entertainment are true.
Of the punitive liability possibly resting on Real Entertainment, DuBois wrote, "It is unclear whether members of (F.B.) or the touring crew ever notified Real Entertainment employees that stage diving would be a part of the performance."
In regards to the claims made by S.B. the judge further commented, "There exist genuine issues of material fact as to the role that (S.B.) played in booking and producing the (F.B.) performance on the night in question."
The University of Pennsylvania is also a defendant in the case as the school is associated with W.C.L.
Have you been injured while attending a concert? Your safety should be assured by the venue, and if it hasn't, contact a personal injury lawyer to represent you.