A man injured by a stage diver during an Agnostic Front show in New Jersey in 2017 has received a US$2m (A$2.8m) settlement.
The man was attending the Doing It For Dave: A Tribute To Dave Franklin (Vision NJHC) concert at Asbury Park on April 2, 2017 when a stage diver flipped off the stage during an Agnostic Front song, landing on the man’s head.
There is no suggestion that Agnostic Front was at fault. The case only pursued an insurance recovery.
According to his legal representation, Clark Law Firm, the man was taken to Jersey Shore University Medical Center in Neptune, NJ where he had his C-4 vertebrate removed and a portion of his C-3 vertebrate removed to relieve pressure on his spinal cord.
The firm said he also underwent a fusion from C3-C5 and extensive rehabilitation and physical therapy.
“The man, who was an extremely active individual prior to this incident, worked diligently with his doctors to return to his pre-incident activities of surfing, bike riding and skiing,” Clark Law said.
A complaint was filed in Monmouth County Superior Court and following initial discovery, the case proceeded to mediation with the Honorable Kenneth J. Grispin, P.J.Cv. (Ret.) in August of 2020.
Shortly following the mediation, Clark Law Firm attorney Mark Morris settled the case for the full insurance policy limits of $2 million.
Morris said the individual defendants were voluntarily dismissed from the case without having to pay anything.
“We are pleased we were able to recover the maximum amount of available insurance coverage for our client,” Morris said.
“This type of needless injury should have been prevented and they should not have let people jump off the stage onto the crowd.
“People who go to concerts should not have to worry about someone landing on their head.
“It is important concert venues and promoters hire competent security people that don’t let this kind of thing happen.
“We hope by achieving this result, we can prevent this kind of thing from happening to others in the future.”