Thursday, April 4, 2013

Fan injured by unsecured canon equipment sues promotor

William Mueller Jr. sued Live Nation and others, in St. Louis County Circuit Court in March 2013.  Mueller claims he suffered injuries to his groin and upper thigh and suffered pain, mental distress, and temporary loss of consortium (see below).  Mueller says he attended the KISS concert at Verizon Wireless Amphitheater on August 27, 2012 when a cannon was discharged during the band's final song.
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He claims he was standing at his assigned seat when the cannon "exploded and with great force launched a metal ratchet tie-down strap" that hit him.  "(P)rior to this incident plaintiff had been diagnosed with a rare brain cancer (Esthesioneuroblastoma) and had experienced major surgeries and intense radiation therapy," he says in the complaint. "At the time of his injury, plaintiff's body was in a weakened and vulnerable condition.  Defendants owed to plaintiff the duty to exercise the highest degree of care for his safety.  [The] Defendants actions, conduct, or omissions were negligent, negligent per se, or both and were not those of a reasonably prudent person."

While the band KISS is known for outrages theatrical performances from raised platforms amidst fireballs, canons, smoke machines, and pyrotechnics, it would be reasonable to assume as an attendee of the concert that there would be precautions taken to ensure the audiences' safety.

Mueller seeks actual and punitive damages for negligence.  He is represented by David Diamond of St. Peters, Missouri.

The band KISS is not a party to the complaint.  The defendants are Contemporary Group Acquisition, Live Nation Worldwide, Live Nation Entertainment, All Access Staging & Productions, and Live Nation general manager Leslie Ramsey.


Loss of consortium is a legal principle that awards monetary compensation for the damages that an individual had to suffer because of family member being injured or for being deprived of a normal family relationship. Damages can mean the loss of love, emotional relations and other services offered by a family member or spouse, if he/she had not been injured. The injury may also have occurred because of assault and battery, wrongful death, false imprisonment, medical malpractice, negligence, sale of addictive drugs and the like.

According to the loss of consortium definition, the basis for awarding these damages is simply the inconvenience of having an injured spouse. This can also be when this injury or act has a devastating effect upon the individual filing the consortium lawsuit or if the injury can directly affect the individual’s personality such as getting depressed or general unpleasantness.

The term consortium encompasses a wide variety of meanings to include all the benefits that a person receives from another family member such as affection, companionship, cooperation, and financial support.

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