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Artist News Legal
Fishbone man faces mega damages bill over stagedive
By Chris Cooke | Published on Monday 17 February 2014
In what may go down as the most expensive stagedive in history, the frontman of American alt-rock band Fishbone is facing a damages bill in the region of $1.37 million after injuring an audience member in a mid-show leap from the stage.
The gig in question took place in February 2010 at the World Live Cafe in Philadelphia. Kimberly Myers was knocked to the ground after Fishbone vocalist Angelo Moore performed his customary stagedive, she suffering a skull fracture in the fall.
Myers sued the show’s promoter and the band’s management in 2010, reaching settlements with both, but began new legal proceedings against the band in 2012 for negligence. And it’s that round of litigation that has resulted in the mega-damages.
Moore failed to respond to the 2012 lawsuit, which in no small part contributed to the harsh judgement against him. Judge Jan DuBois based his ruling on the matter on a deposition the Fishbone man gave as part of the 2010 legal action, relying on comments that arguably portrayed Moore in a bad light when he wasn’t able to specifically respond or clarify.
In that deposition, Moore admitted that he routinely leaps into his audience during his gigs without warning, arguing that alerting audience members to his intent “gives away the whole theatrics or the spontaneity”. He also apparently admitted that audience injuries were not uncommon, but when asked about the risks of stagediving he cited the danger that he might hit the floor, and that lawsuit “predators” might come after you.
In the same deposition, Moore was also asked if he had taken any illegal substances prior to the 2010 show. The frontman pleaded the fifth amendment and refused to answer the question, which DuBois interpreted as an indication drugs may have been involved.
In deciding damages in the default judgement against Moore, the judge noted the claimant’s $15,846 in medical expenses to date and possible future medical costs of $351,299. But more than that DuBois said it was appropriate to add non-economic damages for Myers’ future pain and suffering, embarrassment and humiliation, loss of the ability to enjoy the pleasures of life and disfigurement.
Moreover, DuBois said that it was Moore personally who acted negligently at the 2010 show, and therefore it was he who should pay the penalties now. The judge ruled: “Moore, who refused to answer questions at his deposition regarding his use of illicit drugs on the date of the incident in question, intentionally dove from an elevated stage despite knowing that stagediving in and of itself poses a serious risk of harm to audience members. Further, Moore exhibits little remorse or impetus to change his conduct”.
The band’s reps are yet to respond. It remains to be seen if the massive payout leads to attorneys advising other American bands against the traditional stagedive.
