$160 million suit against Death By Stereo

BDx13 - 3-30-2005 at 12:19 AM

http://www.collegiatetimes.com/index.php?ID=5511

Solar Haus victims file suit

A local residence known as the Solar Haus has regularly hosted concerts in the past. On Sept. 28 2003, one concert turned tragic when 6 people fell from a third floor window. Four lawsuits were filed in early March on behalf of the victims.

Erin Zlomek
News Editor

The family of a deceased Tech student filed suit a year and a half after their son and five others fell from the third-floor window during a concert at a local residence.
Three of the five injured also filed suit. Combined they seek nearly $160 million from the owners and former residents of the Solar Haus and the band Death by Stereo.

The family of former engineering major Daniel Martin alleged the three parties contributed to their son?s death. Martin died the night he fell, from injuries he sustained. The Solar Haus apartment is known for hosting live music.
Tech student and sophomore engineering major Thomas Upton, Megaheysville resident Richard Spiers, and Manassas Park resident Jason Kontkanen also filed suit. All three were hospitalized after the Sept. 28, 2003 fall.

The plaintiffs filed suit the week of March 1, 2005. The four separate lawsuits list Death by Stereo, Design & Research Enterprises, Homer T. Hurst, Noonkester Realty and three Solar Haus residents at the time of the incident as defendants. Two of the listed residents were Tech students at the time of the accident.

All four plaintiffs claim the Solar Haus owners and former residents did not have legal permission to hold a concert at the venue, which they claim was unsafe.

Of the seven defendants only Noonkester Realty responded to the suit. Property owner Hurst hired the company to manage the Solar House apartment at 500 Harrell Street. Noonkester had a prior agreement with Hurst protecting them from a lawsuit under such circumstances, according to a letter from the company.

All defendants declined to comment.

Spiers?s and Kontkanen?s lawyer Paul Thomson said three different lawyers are representing each of the four plaintiffs, but that the suit is still somewhat collaborative.

?We?ve done our best to combine our efforts ? we?ve been investigating this for some time,? Thomson said.
Radford students Daryl McDaniel and Don Principe, and Pearisburg resident Josh Martin suffered injuries from the fall. None of the three filed suit.

?I?m not greedy, I have no desire to take these people for what they are worth,? Josh Martin said.

At the time of the accident Josh Martin had no medical insurance. He said all of his hospital bills were paid for by a charitable fund for the victims. Death by Stereo played a benefit concert in Anaheim, Ca. on October 28, 2003 to raise money for the victims? families.

?We did receive some charitable funds, but I don?t know if it covered every expense or not,? said Vince Martin, Daniel?s brother.
Daniel Martin?s family claimed moshing and other violent behavior exhibited by Death by Stereo contributed to their son?s death.

Daniel Martin?s family seeks $30 million in compensation and $10 million in punitive damages. Kontkanen seeks $20 million in compensation. Upton seeks $20 million in compensation and $30 million in punitive damages. Spiers seeks $20 million in compensation and $30 million in punitive damages.

moron - 3-30-2005 at 10:38 AM

Something like this happened to The Hope Conspiracy. Someone got hurt at their show and the family of that person went after the band. That totally fucking sucks. The band gets sued for something that's was probably out of their control.

LilOz - 3-30-2005 at 10:50 AM

If I recall they called for a wall of death, but the windows were blocked with mattresses.

I am a bit hazy on this story.

moron - 3-30-2005 at 10:58 AM

apparently I am too. I remember the mattresses though.

LilOz - 3-30-2005 at 11:02 AM

One thing I remember for sure was the "they are touring with from a second story window" wisecracks

Killthehumans - 3-30-2005 at 06:31 PM

it was the clubs fault i heard...they oversold the place. I heard it was packed way to tight. The bands really have nothing to do with it.

BDx13 - 3-30-2005 at 07:08 PM

club nothing. it was an apartment.

Killthehumans - 3-30-2005 at 08:37 PM

yeah, but they used it as a club.

Six66Mike - 3-30-2005 at 10:18 PM

I love how they always say "filed on behalf of the victim". The money ain't gonna do a fucking thing for the dead bastard, so it should say "filed for the parents who think money will ease the pain & bring them closure".
Civil court is gay.

Lazy Nathan - 3-30-2005 at 11:08 PM

I like how Death by Stereo played benefit concerts in order to help these people out and plenty of people donated money, and now they want more.

XnMeX - 3-31-2005 at 12:12 AM

Quote:

Originally posted by Six66Mike
I love how they always say "filed on behalf of the victim". The money ain't gonna do a fucking thing for the dead bastard, so it should say "filed for the parents who think money will ease the pain & bring them closure".

EXACTLY, if the people were still alive they would probably want nothing to do with sueing the band since they are fans and know that it's not their fault.... the "club" on the other hand....

ENDERA.x - 4-1-2005 at 01:25 AM

makes me sick