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Injury at STP Show in Illinois
Highest Court Court of Claims of Illinois
Year Ended 2003
Plaintiffs Concert Attendee(s)
Defendants Music Promoter(s)
Police Officer(s)
State Entity and/or Official(s)
Other Stone Temple Pilots
Short Description Stone Temple Pilots fans sued the State of Illinois and a music promoter for injuries sustained at a concert held on state fairgrounds, allegedly inflicted by moshing, crowd surfing, and other common activities at grunge gigs. Plaintiffs' claims against the promoter (JAM) had been previously dismissed, so the remaining issue was whether Illinois owed duties to prevent such actitivies, to protect audience members from them, and to provide "adequate security." Plaintiffs were unable to show thjat the state owed "law enforcement duties" to do so, and the court similarly held that premises liability accusations failed. Though the law imposed a duty on Plaintiffs to warn and protect the audience from raucous crowd behavior it reasonably knew would occur, the audience was already invariably aware of it as well, and no evidence showed Defendants anticipated or responded negligently. There was no way Defendants could have predicted the enormity of the crowd and the intensity of its reaction. Though, perhaps, Defendants might be expected to be better prepared at future concerts, they can't be said to have been negligent here. Further, under a comparative negligence rubric, Plaintiffs failed to claim, much less prove, that they hadn't also anticipated the apparently inevitable danger flannel-clad crowds presented. Plaintiffs were at least as negligent as Defendants, if Defendants were negligent at all. - LSW

Legal Issues
General Affirmative Defenses Assumption of Risk
    Governmental Immunity
Torts Negligence Negligent Supervision, Procedures & Precautions
    Personal & Emotional Injury


Opinions Thomas v. State of Illinois
55 Ill.Ct.Cl. 337
Court of Claims of Illinois , January 03, 2003 ( No. 97-CC-0320 )


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Related Searches Parties
Concert Attendee(s) ( Plaintiff )
Music Promoter(s) ( Defendant )
Police Officer(s) ( Defendant )
State Entity and/or Official(s) ( Defendant )
Stone Temple Pilots ( Other )

Legal Issues
General / Affirmative Defenses / Assumption of Risk
General / Affirmative Defenses / Governmental Immunity
Torts / Negligence / Negligent Supervision, Procedures & Precautions
Torts / Negligence / Personal & Emotional Injury

Courts
Court of Claims of Illinois (highest court)


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