Mudvayne, Korn Being Sued By Injured Fan
Band Photo: Korn (?)
Korn, Mudvayne, Clear Channel Broadcasting and national concert promoter Live Nation have been named in a lawsuit filed earlier this year in Denver District Court by a 27-year-old waitress who was injured during a concert that took place March 8, 2006.
The woman claims several rowdy concertgoers knocked her to the ground and trampled her as they made their way toward the stage. The University of Denver, which was the site for the KBPI-FM "Birthday Bash" concert, is also named as a defendant in the suit.
According to a Rocky Mountain News report, the show was Nicole LaScalia's first concert experience. She ended up leaving the event in an ambulance after one of her legs was crushed by the weight of the crowd. She is seeking unspecified damages, and her case is likely to proceed slowly, to allow time for the numerous parties involved to respond to its claims.
The report says LaScalia underwent surgery to fix a fractured tibia and fibula, as well as her badly injured ankle. She has accrued about $60,000 in medical bills, and the suit will seek damages for "severe pain and suffering."
According to the suit, LaScalia fell to the ground when several fans surged toward the stage just as Mudvayne began their performance. "Something like this is reasonably foreseeable," LaScalia's lawyer, Darrell Elliott, told the paper. "There has to be sufficient supervision if you have festival seating to protect patrons. In this case, it didn't happen. Oversight was lacking."
Meanwhile, Clear Channel has responded to the suit, calling the victim's claims "frivolous and groundless." The company blamed the injuries on either her negligence or the actions of those in the crowd.
At press time, Elliott and representatives for Mudvayne had not responded to MTV News' requests for comment. In a statement, Korn's management said: "Although we can verify that Korn was not onstage during the alleged incident, we cannot comment further on the suit as it is a legal matter."
Source: MTV
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117 Comments on "Mudvayne, Korn Being Sued By Injured Fan"
Former Contributor
2. writes:
"Something like this is reasonably foreseeable," LaScalia's lawyer, Darrell Elliott, told the paper. "There has to be sufficient supervision if you have festival seating to protect patrons. In this case, it didn't happen. Oversight was lacking."
I don't agree with this statement, but even if it were true, why is she suing the bands and the concert promoter? What could they possibly have done to prevent that from happening? Korn wasn't even on stage, and it's highly unlikely that Mudvayne could even see the lady getting trampled. If they absolutely must place the blame on someone other than the dumb lady for getting knocked over in the first place or the inconsiderate folk walking over her, the only people who should even be considered for the lawsuit would be the venue for not having security to notice it and break it up.
3. writes:
Most shows are at your own risk. she didn't slip and fall on a wet floor....a chair didn't break. if she has seen any heavy show there before she should expect a bit of chaos throughout the night.
i agree with post 2, only the venue should be liable am i'm not sure they are either
Member
Former Contributor
5. writes:
^ While it might be a get rich quick scheme, it isn't necesarilly destined to fail. Don't forget those ridiculous lawsuits by people like Stella Liebeck, who sued McDonalds because she spilled coffee on herself and was burned. She won for over $2 million (although the amount was reduced later to just over half of a million).
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Former Contributor
7. writes:
If you can't handle the heat, it's probably not a good idea to jump into a volcano.
"Something like this is reasonably foreseeable" - It should have been foreseeable to her that it's not a good idea to go into a mosh pit unprepared and unexperienced, but she made the choice to.
Now Playing: Frank Zappa - "Shut Up 'N Play Yer Guitar"
Supporter
12. writes:
Here's what MAY have happened:
Sitting in a hospital with crushed legs and whatnot, probably uninsured (27 year old waitress)...someone probably heard about it and decided she may have a shot in court. It's pay a hospital bill for the rest of your life, or try to get compensated. Personally, I'd take the ridicules rather than knowing you're going to be broke for the next 50+ years.
ooo Zappa good idea
NP- Frank Zappa "Jewish Princess"
13. writes:
yea it's pretty stupid to try and blame the bands, promoter and everyone else for this...even if they had more security what's to say they'd even see this chick fall? i'm guessing there was a pretty big crowd for this and you can't possibly keep an eye on every person during a show, especially when a band is playing the crowd is surging and the lights are out. dumb skank should have just stayed in the back..or on her back.
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14. writes:
The McD's coffee case is thrown around so often, but not really such a great example if you have all the details. Sure it sounds ridiculous on the surface, but no one talks about the 2 years of skin grafts the lady went through for 3rd degree burns or the fact that McD's was heating their coffee to 180F for some reason (I vaguely remember something about it saving them money somehow, but I don't remember how).
Does this lady have a case? Possibly. But it shouldn't be against the bands. The fact that it is makes it look like a money grab, which it probably is. I'd like to know how this person incurred 60k of medical bills. She better have a bionic ankle after all that.
Former Contributor
16. writes:
^ I don't actually think Stella Liebeck's skin grafts change the scenario at all. If the coffee was actually hot enough to where it would cause third degree burns on contact, shouldn't millions of people (or at the very least dozens of people who frequented this specific McDonalds) been hospitalized because of third degree burns in their mouths and on their tongues? And anyways, it wasn't really McDonald's fault that she decided to put her cup of coffee between her knees and take the lid off while trying to do multiple things at once - common sense should have told her that was a very dumb idea.
17. writes:
Well, in the McDonalds case where you mentioned all the people who bought there coffee etc. They may have only taken a sip and said "sh** this is hot, better wait a bit" According to the case she had put the cup in between her legs to remove the lid to add cream and sugar. (Her grandson had pulled over so she could do so) When she attempted to remove the lid the contents spilled over onto her lap. She may have been less injured if she had no bee wearing sweatpants which absorbed the hot liquid holding it tightly to her leg. But regardless, thats besides the point.
More than likely this is a money grab, but at the same time. Look at it from her perspective. She will most likely be in a wheelchair for ~ 8 weeks and will be off work with no compensation. If you had the opportunity to make (what seems) like easy money, would you not?
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21. writes:
I almost had my arm and nose broken in a napalm death pit.. does that mean i could sue Barney and co??
or how about when i got dropped crowd surfing to Celtic Frost and Carnivore? no?? damnit..
Could i just sue korn for the money i paid for their albums when i was 15?
Supporter
22. writes:
The lady lost already. She's going to waste money on a lawyer when she already has accrued $60,000? That's one of the most worst decisions that she can make. People get hurt at concerts all the time. The bands are not going to get in trouble for it, they didn't personally due it. It'd be different if it was like the Great White incident where pyrotechnics started the place on fire and people died.
She is absolutely going to lose this battle. Getting injured at a concert by the crowd is not going to get anybody else in trouble. Things happen. If she slipped and fell down stairs or on the floor then it would be the venues fault. People need to learn how these things works rather than making rash decisions that will cost thousands of dollars.
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25. writes:
Honestly I see both sides here....the girl was unexperienced in the concert scene which we all know can and will be brutal. And the big corporations trying to cover their asses any way they can...understandable. Reminds me when i took my girl to her first rock concert she didn't leave my side. im a big guy so i know how to handle myself and ive still gotten kicked in the back of the head and stuff, little girls need supervision and protection in a metal concert point blank, if you dont understand that then hey dont go.
26. writes:
Shoe Police writes:
That's what her ignorant a$$ gets for being 27 and never been to a concert. You don't start off by attending this type of show, go see Creed or Nickelback first. Then maybe someday she'll make it to the big leagues. Stupid whore.
where in the article did it say this was her 1st concert??!! you wanna talk sh!t on her for getting knocked over, and then call her a whore. ive gotten knocked over at numerous shows in the pit. gotten numerous bloody noses, bruises all over the face, etc..im very experienced around the pit at concerts, but still sometimes the rush of the crowd to the stage can knock some people over..I SAY FUK HER LAWSUIT, but there is no need to rip her a new a$$ for getting knocked over. BUT WAITING 2 YRS TO FILE THE LAWSUIT SHOULD AUOTMATICALLY KILL IT!!!
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30. writes:
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32. writes:
godlike writes:
first sentence of the third paragraph---
According to a Rocky Mountain News report, the show was Nicole LaScalia's first concert experience.
ah, missed that one...thanx godlike....but still no need to rip her tp pieces for getting knocked over. as for the lawsuit, fuk her all the way!!!
Member
34. writes:
There are so many arguments that you could have with this. If I were the lawyers of Mudvayne & Korn, I would ask why she isn't suing the people who stepped on her for assault, why stop there, why not sue the city for allowing a venue like that to be built where events like this could happen. She might as well sue the state for negligence.
I believe that everyone on this website would have a claim to sue some venue because we were injured. There is an assumption of risk whenever you enter the venue, so lick your wounds and get over it.
Personally, I can't see why there is 60K in medical bills from a broken leg, although it did say she was a waitress so I imagine that she has no insurance which would make the 60K somewhat more believable. Either way, it doesn't make her claim any better.
Member
38. writes:
Yes, she is stupid trying to sue the concert venue...it is as simple - Don't enter the pit if you don't want to be hurt....ridiculous! The lawyers comment is laughable too. She should read the signs - it usually says NOT responsible for injuries sustained in the PIT...if you get up to the stage..you are going to be pushed, pressed, shoved forward..that is natural. MORON chick.
39. writes:
^actually, nowhere in the article did it say she was in a mosh pit, just to clear that up for everyone who keeps yelling at the lady for getting in one. It was more like "several rowdy concertgoers knocked her to the ground and trampled her as they made their way toward the stage." If memory serves me, I think the same sort of thing happened at a Who or Deep Purple(the band name eludes me) concert a while back, except the crowd caused a person's death. Ever since then, venues have made people enter the concerts by way of lines, instead of, "first come first served". So maybe something can be put into place to protect people from things like this as well, although I fail to see how they could.
Although, in light of the ridiculousness of the lawsuit, and how impossible of a case this is considering the violent, chaotic nature of Metal shows (yes, even Korn) I would have to agree wholeheartedly with post 13( inhatredofme)
Now I'm off to sue Ankla for a bleeding mouth, and Static-x for a twisted ankle, and Lamb of God for being so tired and in pain the next day that I couldn't go to school or work the next day, and Behemoth for landing on my back after flipping over headfirst over two moshers that had fallen in front of me, and Napalm Death for hurting my ears, and Lordi for sucking so hard...
Now Playing: Pig destroyer- "Hyperviolet"
40. writes:
You are correct Anarchy - most of the time - fellow moshers will assist a fallen concert goer. I would that..but the crowd can surge forward unexpectedly - usually from dumba$$ that either starts a fight a short distance behind you, or starting to mosh in the middle of the crowd...I know..this happens all the time. One person starts to mosh, and it is like a chain-reaction. In this case, it seems that crowd wanted a better look at Mudvayne..or place to be at when they hit the stage. I personally stay in the middle or further to the back. I see people rushing to the front of the stage all the time. I did that once at a Slayer concert...big mistake. I had fun but had my glasses broken..and got kicked in the head and shoulder.. I was fortunate that I was not severely injured. Inexperience at a metal show can be painful.
41. writes:
f*** a Name, it was the Who in Cincinatti. Now concerts in Cincy have to have festival seating. By law, I guess.
I get to sue Pantera for that elbow I took to the temple in 1998, and maybe some Coheed and Cambria fan may sue me for the gentle loving SHOVE I gave his trendy c*** of a g/f when DEP started playing 43% Burnt. I also punched a crowd surfer in the kidneys repeatedly at an Andrew WK show, turns out that was a girl, too.
Actually, ICP might owe me a sneaker from 1995. Hmm...
Also, I saw Dave Brockie (Oderus Urungus) slap a drunk guy right across the face when the Dave Brockie Experience played in Toledo a few years back. He was crying and everything.
We should all sue Lordi for sucking. Or we can sue Finland!
Lawsuits ahoy!
42. writes:
Haha - to post 39 - that is funny! Suing Lamb of God for being tired...hehe. Yes - the point is she got too close to the stage and being inexperienced, I guess, didn't realize that people are constantly elbowing you, pushing you forward, and so forth...it reminds me of the waves from a ocean...you have to hold your ground and stay upright..but it is not easy. If you fall - you have problems. It is great to see the artists up close, though. It is just risky!
43. writes:
Anybody ever bother to read the back of your ticket. It cleary reads not responsible for incidents involving mosh pits. There is no way she could win this. Anybody who goes to shows like this knows what to expect. U always have one f***ing retard that will try to ruin it for everybody.
Member
45. writes:
Also I dont give a f*** if she was trampled my point is if its standing room only no one is safe from a pit they could arise anywhere and correct me if Im wrong once people start running towards the stage and the music starts what is usually the end result since we are trying to clear up if it was a pit or not!
46. writes:
If we REALLY wanted to be a$$holes, we could sue Black Metal for doing nothing to prevent Lordi from coming into existence... hell, I could sue the Netherlands for not putting up bans on gay Metal forming in their country, but what the hell, I feel charitable today, they can slide on this one (as long as I never have to see those f***s in the U.S. again lol)
Now Playing: Dimmu borgir- "The Serpentine Offering"
47. writes:
"The woman claims several rowdy concertgoers knocked her to the ground and trampled her as they made their way toward the stage."
"Yes - the point is she got too close to the stage and being inexperienced, I guess, didn't realize that people are constantly elbowing you, pushing you forward, and so forth"
It never says she was anywhere near the stage. For all you know, she could have just enter the venue and only walked a few feet and gotten trampled. There is no way to tell.
Supporter
49. writes:
Oh ya, and I have to make sure to make sure to sue Machine Head for all the times they asked the crowd to throw up their middle fingers, cuz after the concert my middle finger was really sore... And sue Lordi again for the same thing, but for different reasons...
Now Playing: Meshuggah- "Bleed"
Supporter
53. writes:
TO post 47 - that is just my impression of what happened in the story...I can't say that is what actually happened. I just know that - if you stay well in the back or even somewhere far away from the pit..you should be ok. I haven't gotten hurt once. I also know what I am doing..for instance - if the artist starts playing really heavy sh**...and I am near the front - I quickly move to the back. I usually move to the back anyway as a sense of precaution. Most injuries occur in the PIT or very close to the stage. I got hurt in the pit and up close to the stage, myself.
54. writes:
Correction - I got banged up in the pit, but I got slightly hurt near the front of the stage. The other guy makes a great point, too, mosh pits can break out anywhere in a rock or metal concert. So no where is really completely SAFE. Just keep your eyes and ears open. Pay attention to your surrounding. I also brace myself when the band plays heavy sh** because I know I am going to have to stay on my feet. Anyway, that stupid chick should have had some people with her - to protect her, or whatever. I naturally attempt to shield or protect a small girl or woman when some dumba$$ is getting too close to crushing her in the crowd. You take care of your own....metal heads are awesome!
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56. writes:
I would also like to add that this retaqd I would not trust with a potato gun is 27. She HAD to have known what happened at Woodstock with the riots and such. She also (unless she has been living under a rock her entire life) has to know what the basics of rock and metal are. We are no Luminati type secret society! If she had gone online and came to ANY metal or rock site and asked a few simple questions would have gotten them with no hassels!
Supporter
59. writes:
I always get p***ed when mosh ettiquete is not followed... At Ozzfest, I got into the Wall of Death during Black Label (LoG) and when the crowd collided everyone near me fell down on top of each other. 20 people in a giant pile, and the only people helping them up were me and my friend who just happened to have come from the opposite side of the Wall of Death from me. We got like 3 people up, and some f***s started moshing right into the pile! In between picking kids up, I kicked some dude in the back og the knee and fell to the floor clutching it and screaming. I have yet to see how badly that ended up, cuz as soon as everyone else was up, I ran to the next nearest moshpit! So remember to follow the ettiquete! you never know when an a$$hole like me might be standing behind you!
Now Playing:Lamb of God- "Walk With Me In Hell"
P.S. Now THAT'S an oppurtunity to sue someone! (I'm just happy he didn't catch my face!)
Member
Supporter
62. writes:
Exactly the pit and moshing is to allow people to let off steam...get through the sh1t in their life..without beating the fukk out of someone. Metal is a great outlet..mosh..have fun..but be cool with others. Fighting with someone will only get you thrown out of the show. For me, metal concerts are a way for me to unwind after a hell of a week.
Member
Former Contributor
65. writes:
Good to hear F.A.N. - To me mosh etiquette is everything, it's a bond between people who enjoy the music. If I had to say one thing it'd be - for gods sake, don't stand in the pit with beer. You either annoy everyone who has to avoid you or get it knocked clean out of your hands on to someone which all to often turns bad!
Now Playing: Ihsahn - "Scarab"
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Member
68. writes:
You are correct Kalis! No cure. Actually my screen name is inpired by my genetic disposition (because it's not really a "disease"). It can/will be lethal so I can literally see death, basically. Anyway, 'nough depressing talk. They do think they're on the brink of a cure or therapy at least.
Supporter
70. writes:
Hey DIE - glad to have you as a metal brother....rock on, man! Yeah I was in the mosh pit, and after the show...I clapped the guy on the shoulder, as a show of unity...that it was cool to mosh and not get into a big fight. We had mutual respect for one another..and later found out the kid was like 17 years old..so it was that much cooler..that metal music transcended the age barrier. Old fukks like me can still rock..haha
71. writes:
I remember when mosh pits were made of people that were there for release. Now there's just tons of n00bs who think you should be throwing punches at people. Like it's a royal rumble or some crap.
...and for the record, Lamb of God's "wall of death" or whatever they call that crap is silly at best. They might as well hand everybody a sock full of oranges at the door so you can clobber each other with it.
72. writes:
^actually, it's not LoG's, it was started a long time before they ever hit it big, it's just for some reason their fans do it during black label. The reason it ends up being so entertaining is because it ends up feeling sort of like a battle charge, and afterwards, the pit that forms as a result is that much more intense than ones that generally "just break out". Since everybody has to form up first it gives everybody who really has guts a chance to get in, instead of a regular mosh pit, where it's just whoever happens to be standing there, who "sorta" want to mosh. Otherwise, I see where you're coming from, it does sound like a ridiculous idea on the top. I scoffed the same when I first heard about it, then I ended up being right up front of one without expecting it, and godamn, it was f***in insane, and I participate in every one I see now.
Now Playing: At the Gates- "Nausea"
73. writes:
"There has to be sufficient supervision if you have festival seating to protect patrons. In this case, it didn't happen. Oversight was lacking"
Okay, so I guess from now on everyone has to bring a babysitter to their concert and take their ADHD meds to make sure they aren't having to much fun or getting to excited. You gotta be kidding me... If you ar a metal concert rookie then stay the hell in the back. If any of you ever read some of the tiny print most metal bands have (And Ticketmaster as well) about their concerts it says "Mosh pits may form/occur at random so please pay attention to your surroundings" And yes, it was the rookies who trampled her because anyone who has been to metal concerts more than 3 or 4 times knows someone falls, you all pick them up. And a Korn/Mudvayne concert isn't anything to get thaaaaat excited about anyway... damned mall metal rookies.
Member
74. writes:
can i just say how stupid this chick is? I'm a chick and i have been to lots and lots of shows. INCLUDING KORN AND MUDVAYNE. I've NEVER been injured. it sounds like she was being stupid and in the pit. not anyone else fault but her own. i think korn and mudvayne should sue her for stupiditiy. May i just say, that i'm only 5'1 and i've been in both a korn, coal chamber, and metallica pit. she must feel really dumb for getting herself injurned. moron.
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83. writes:
Hey TX! Slayer pits I am sure are a blast! Hope they make it to Wa soon. I am ready to mosh with em! My uncle got to tour with them and says their pits even back in the day were VERY brutal!
Rachell, you still have plenty to learn in the metal world. We all do. I have been in the metal kingdom for 15 years and around metallers all my 23 years. My family are by in large a big part of how I became a metaller. I thank them daily for it.
Member
84. writes:
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86. writes:
Most intense pit I have experienced so far was by far Mindsnare. It was the most feral thing I have ever been in!
Actually AFI was pretty rowdy when I saw them. Probably because of all the punks there haha.
Kalis make sure you see PWD. Their pits are also mega wild!
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96. writes:
Yeah I like the mosh pit too..unfortunately I have bad eyesight...and have to wear glasses. Not a great idea in the pit. I already had one pair crushed....lucky that I didn't get glass in my eyes...my glasses just went sailing....weird. As for AFI having a tough pit...I believe it. The vid I saw back in the day...the concert people were throwing punches and martial arts kicks....it is the whole TIRED hardcore dancing thing...seems dangerous, though.
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101. writes:
first of all: i don't care what you think i listen to. i have never in my life heard the term 'jock metal' whatever. that sounds retarded. anyways! hey...i'm from tacoma!! but currently live in kansas, i heard it was getting up to 90 there. huh. don't really know because i'm not in washington. so anywho.
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107. writes:
Thats what those pale faced people want you to think. They were told that tacoma ment "idiot," but did not listen to the Indians. I dated a Muckleshoot who spoke Native American and told me the whole story.
Wiggles, the suckie part about the heat is that I cant just wear shorts or a mini skirt at work and in Wa we dont need ac normally, so its hot as fvck! The reason I cant wear a mini skirt is because at St Charels place antiques and restorations, we end up with broken glass on the floor. Not a good thing for the un-expecting knees!
Member
109. writes:
No contacts...even if I entered a pit...I would probably be exhausted after 10 mins....those days are long gone. I still love metal concerts...but I like to be the safe bystander. I still am left in awe, though, watching a massive pit form. Like I said in one post, that is part of the fun..watching everyone jump around in the pit...it is part of the entertainment, in my opinion. People having fun, and being people...nothing better than that. Especially if the band sucks, in my opinion, it is fun to watch people in the pit.
Member
110. writes:
Pit etiquette can get thrown out the window the moment that one person doesn't understand it. I was at a 311 concert and got punched in the face by some kid. I've been in the pit at every metal concert that I have been to and never even had anything close to that before. It only takes one idiot, one non-sober individual to change the pit dynamic, so I would say that most people understand the rules, but some d-bags that don't are the dangerous ones.
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111. writes:
Even when I am drunk off my arse I still follow mosh etiquett. Then again I know what I am doing. I would not be opposed to first time moshers having to watch some kind of video or read some litterature on the subject. In my opinion, it would make the mosh experiance much better in the long run and would put the artist at ease a bit.
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1. Kalis_wrath writes:
Oh lady get over it! For f***s sake! I hate when fans try to pull this sh**! Nothing about a rock or metal show is about a hug fest and stand to the side or out of harms way if you dont want to get trampled! Lead, follow or get the f*** out of the way!