BDx13
|
|
$160 million suit against Death By Stereo
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.
If I fail math, there goes my chance at a good job and a happy life full of hard work.
|
|
|
moron
Posting Freak
Posts: 2393
Registered: 5-28-2003
Location: CT
Member Is Offline
|
|
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
Unregistered
Posts: N/A
Registered: N/A
Member Is Offline
|
|
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
Posting Freak
Posts: 2393
Registered: 5-28-2003
Location: CT
Member Is Offline
|
|
apparently I am too. I remember the mattresses though.
|
|
|
LilOz
Unregistered
Posts: N/A
Registered: N/A
Member Is Offline
|
|
One thing I remember for sure was the "they are touring with from a second story window" wisecracks
|
|
|
Killthehumans
Senior Member
Posts: 597
Registered: 12-1-2004
Member Is Offline
Mood: simon and garfunkal
|
|
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.
just take a look at the papers
your leaders
they\'re killers
they\'re liars
what they do in your
name to make the bodies pile higher
the murders, the terror
they\'ve done it forever
as we sit band and smile
at the script they sell us
but now the victims, they\'re rising
their numbers\'s multiplying
they want their revenge for the years
that they\'ve been dying
|
|
|
BDx13
|
|
club nothing. it was an apartment.
If I fail math, there goes my chance at a good job and a happy life full of hard work.
|
|
|
Killthehumans
Senior Member
Posts: 597
Registered: 12-1-2004
Member Is Offline
Mood: simon and garfunkal
|
|
yeah, but they used it as a club.
just take a look at the papers
your leaders
they\'re killers
they\'re liars
what they do in your
name to make the bodies pile higher
the murders, the terror
they\'ve done it forever
as we sit band and smile
at the script they sell us
but now the victims, they\'re rising
their numbers\'s multiplying
they want their revenge for the years
that they\'ve been dying
|
|
|
Six66Mike
Posting Freak
Posts: 3090
Registered: 11-20-2003
Location: Queensland Australia
Member Is Offline
Mood: Dead Hearts
|
|
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.
A lot of people ask me what kind of music I like. I love "soul music". My "soul music" isn’t a style, genre or niche. It’s music that is genuine. It’s
a painful lyric, a dirty bassline, it’s a harrowing vocal, it’s feedback, it’s an anthem, it’s a love song, it’s anarchy. I’ve got my personal
favourites but in the end it doesn’t matter who or where it comes from... so long as it’s good and it's real.
- Paul Morris, music director at 97.7 HTZ-FM
|
|
|
Lazy Nathan
Newbie
Posts: 7
Registered: 3-21-2005
Location: Houston
Member Is Offline
|
|
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
Posting Freak
Posts: 3839
Registered: 4-11-2004
Location: Dirty Dover, NH
Member Is Offline
|
|
| 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
Posting Freak
Posts: 1378
Registered: 12-2-2003
Location: Toronto
Member Is Offline
Mood: Icepick
|
|
makes me sick
|
|
|
![[*]](images/thorp/default_icon.gif){kind=icon}
