NJ woman sues Fishbone, claims injury by stage-diving singer

BDx13 - 3-3-2010 at 11:07 PM

http://www.mycentraljersey.com/article/20100303/STATE/100303...

PHILADELPHIA — A New Jersey woman has filed a federal lawsuit against the rock band Fishbone claiming she was injured when its lead singer performed a stage dive during a concert in Philadelphia.

Forty-two-year-old Kimberly Myers, of Voorhees, NJ, sued the band, lead singer Angelo Moore and World Cafe Live on Friday, claiming she suffered a fractured skull and other injuries when Moore jumped from the stage into the crowd on Feb. 23.

The suit claims Myers also suffered a broken collar bone and perforated eardrum in the incident. According to the lawsuit Moore jumped into the crowd without warning.

A spokesman for World Cafe Live says the venue had no advance warning there would be crowd-surfing.

Neither the band nor their managers were available for comment Tuesday.

The lawsuit is seeking damages in excess of $75,000.

barc0debaby - 3-4-2010 at 12:22 AM

Bullfighter seeking settlement against bull that gored him.

DaveMoral - 3-4-2010 at 02:38 AM

If you're a fan of Fishbone shouldn't you sort of be expecting that?

Could imagine trying to sue a venue or the guys that were moshing with you because you got hit hard in the pit?

Some bands or types of music you know ahead of time what you're in for, you have no excuse if you get hurt in that situation. I'd be worried about the precedent a victory for this woman would set. Honestly.

You'll get the parents of 16 year old kids suing the pants off all sorts of venues because hardcore, punk and metal shows. There goes the scene folks!

mattybar - 3-4-2010 at 05:43 AM

i'm not the biggest Fishbone fan but i know they have a song called Swim which is basically about stage diving and crowd surfing.

what's the chances they were playing that song at the time?

i saw them a loooong time ago with Bad Brains and Dog Eat Dog and literally the first thing the singer did was bolt out onstage and jump into the crowd.
fuck, even the keyboard player was jumping into the crowd.

JawnDiablo - 3-4-2010 at 10:24 AM

hogwash.
everyone wants to sue somebody these days

lifeisabitch - 3-4-2010 at 10:28 AM

that's it I am suing the federal court system because I have no one to sue...
or the internet for wasting too much of my precious time

barc0debaby - 3-4-2010 at 10:56 AM

If a parking lot for a business that you spend money at can be not liable for lost or damage property, can't a venue be not liable for personal injury?

Mark Lind - 3-4-2010 at 02:22 PM

Quote:

Originally posted by DaveMoral
If you're a fan of Fishbone shouldn't you sort of be expecting that?

Could imagine trying to sue a venue or the guys that were moshing with you because you got hit hard in the pit?

Some bands or types of music you know ahead of time what you're in for, you have no excuse if you get hurt in that situation. I'd be worried about the precedent a victory for this woman would set. Honestly.

You'll get the parents of 16 year old kids suing the pants off all sorts of venues because hardcore, punk and metal shows. There goes the scene folks!

There was an incident at a Ducky Boys' show in 1998 where this happened. A stagediver broke a girl's neck and her parents sued the club and attempted to sue the stage diver (and threatened to sue us). It was a 3-ring circus of the highest order.... more than I could ever explain. I got depositioned for it for like 3 hours and it was an ordeal. The girl knew the stage diver and didn't want her parents to sue him because it would make her look bad in "the scene" etc but she couldn't tell them that so there were lies upon lies upon lies and there I was being interrogated by the lawyer that sued Drew Bledsoe for stage diving. That was really fucked up.

XHonusWagnerX - 3-4-2010 at 02:51 PM

Quote:

Originally posted by Mark Lind

Quote:

I remember that.... hope it all worked out okay for you at least!

Mark Lind - 3-4-2010 at 03:05 PM

I guess the only person that matters in a situation like that is the victim. She could have been seriously ruined physically and she was lucky not to be. I played such a secondary role by comparison that it's really not worth holding any resentment over. But there are many secondary victims in a situation like this: the club is someone's business. And it feeds many employees and family members. Lawsuits really scare the crap out of me. We have this culture in the US where you strike gold when you get hurt because you think you can just get free money. But it all comes from somewhere. There really ought to be rules in place that prevent people from being able to sue beyond a set amount. Like, a club's insurance policy should need to cover costs + some sort of restitution. And that's it.

clevohardcore - 3-4-2010 at 03:48 PM

Quote:

Originally posted by Mark Lind
I guess the only person that matters in a situation like that is the victim. She could have been seriously ruined physically and she was lucky not to be. I played such a secondary role by comparison that it's really not worth holding any resentment over. But there are many secondary victims in a situation like this: the club is someone's business. And it feeds many employees and family members. Lawsuits really scare the crap out of me. We have this culture in the US where you strike gold when you get hurt because you think you can just get free money. But it all comes from somewhere. There really ought to be rules in place that prevent people from being able to sue beyond a set amount. Like, a club's insurance policy should need to cover costs + some sort of restitution. And that's it.

^^^^^^ Republicans are all for that when it comes to Doctor liability.

Mark Lind - 3-4-2010 at 04:07 PM

Well it depends on the situation. If I was going in to have my left leg amputated and I woke up with the right leg amputated in error then you can bet I'd want the doctor sued. But there is a lawsuit culture in this country that needs to end. If the Republicans are backing that then I have to agree with them. But I suspect we're reaching the same conclusion from two very different perspectives. They seem to represent the haves while Democrats represent the have nots.

DaveMoral - 3-4-2010 at 06:58 PM

^Yep. Republicans tend to protect those with the money, but we're talking about small venues that are not huge money makers 9 times outta 10.

Mark, here's my question for you, do you think it's at all correct or even honest for the parents of that girl to have sued over the stage diving incident? I mean, the girl surely knew full well what she was getting into when she went to the show. I'd think venues have insurance for a reason, so that should've been covered unless they have some kind of notice at the door that says something to the effect of attendees being responsible for their own safety in the mosh pit or at the foot of the stage, but other than that... if you're going into a thing knowing there's a possible but rather slim danger of serious injury you're kind of responsible for that. Not anyone else.

To me that's like suing a skate park because a kid broke his leg falling off a ramp. Shit like that happens in skating and it's not something the park could prevent short of not allowing anybody in to skate in the first place.

newbreedbrian - 3-4-2010 at 08:41 PM

Quote:

Originally posted by DaveMoral
^Yep. Republicans tend to protect those with the money, but we're talking about small venues that are not huge money makers 9 times outta 10.

Mark, here's my question for you, do you think it's at all correct or even honest for the parents of that girl to have sued over the stage diving incident? I mean, the girl surely knew full well what she was getting into when she went to the show. I'd think venues have insurance for a reason, so that should've been covered unless they have some kind of notice at the door that says something to the effect of attendees being responsible for their own safety in the mosh pit or at the foot of the stage, but other than that... if you're going into a thing knowing there's a possible but rather slim danger of serious injury you're kind of responsible for that. Not anyone else.

To me that's like suing a skate park because a kid broke his leg falling off a ramp. Shit like that happens in skating and it's not something the park could prevent short of not allowing anybody in to skate in the first place.

Stop introducing logic and accountability in this discussion. It's a very antiquated notion, and will never make you any free money.

Mark Lind - 3-4-2010 at 09:03 PM

Yeah, I think it was expected that the parents would sue. That's their little girl that got hurt and it's a protective action to take. You know how kids are.... she may have not told them where she was going or what the shows were really like. No matter how much parents like to think otherwise, they really have no idea what their kids are up to. It's debatable as to whether they took it too far. But I'm not a parent so I can't really understand what that particular emotion is like. Thinking about it practically I would have settled for the insurance payout plus some reasonable amount for pain and suffering. I don't know how it actually ended. But I think that concept of insurance plus reasonable pain and suffering can be applied to any club incident that doesn't involve gross misconduct on the part of the owner or staff.

DaveMoral - 3-5-2010 at 04:55 AM

^My thoughts pretty much right there.

It's one thing if it's an injury in a fight that breaks out and the club didn't have proper security in place to deal with situations like that. It's another if that's just the sort of show one is going to and it happens.

JawnDiablo - 3-5-2010 at 09:37 AM

my friend's wife got her arm broken at the Khyber when one of them cro mags spin offs was playing .
some guy just started spin kicking out of nowhere and she got a steel capped boot to the wrist.
i don't remember the outcome of that but it pretty much sucked.....but what can you do.
she knew what went on, just got caught off guard.
and spin kicks are for ass holes anyway.

Mark Lind - 3-5-2010 at 10:16 AM

Quote:

Originally posted by juandiablo
and spin kicks are for ass holes anyway.

This should be put at the top of the board. Like "Thorp Records: spin kicks are for ass holes anyway"

JawnDiablo - 3-5-2010 at 10:29 AM

I mean seriously.....you ever seen the khyber?
it's like the size of my Mom's basement in front of the stage.
theres barely enough room to hold a pint when they pack people in.
the first time i saw some guy doing that crap when i was like 20 i sucker punched him.
maybe that makes me an ass hole, but i don't need bruce lees foot in my face.

BDx13 - 3-5-2010 at 10:46 AM

Quote:

Originally posted by Mark Lind

Quote:

Originally posted by juandiablo
and spin kicks are for ass holes anyway.

This should be put at the top of the board. Like "Thorp Records: spin kicks are for ass holes anyway"

http://thorprecords.com/boards

Mark Lind - 3-5-2010 at 11:28 AM

Cha-ching!

JawnDiablo - 3-5-2010 at 11:37 AM

i love you guys haha

wez138 - 3-5-2010 at 01:18 PM

Quote:

Originally posted by juandiablo
i sucker punched him.
maybe that makes me an ass hole, but i don't need bruce lees foot in my face.

All that ninja spin kicking wind milling i'm Daniel-son shit gets on my tits too. I bet 90% of those mong's aint even seen a martial arts gym never mind joined one..

JawnDiablo - 3-5-2010 at 01:24 PM

plus he made ms spill half a beer so....

wez138 - 3-5-2010 at 01:28 PM

He might as well have just raped your Gran.......That's just not cricket!!!!