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Rock Fans Hurt by "Sod-Throwing"
Highest Court Supreme Court of Michigan
Year Ended 2001
Plaintiffs Concert Attendee(s)
Defendants Music Promoter(s)
Music Proprietor(s)
Other No Other parties on file
Short Description At two different outdoor concerts, featuring Bush and the Ramones at one, and Metallica, Suicidal Tendencies, and Danzig at the other, audience members were allegedly injured by "sod throwing" amongst the crowd. Two cases arose when two different attendees, one from each show, sued the promoters and proprietors for negligence regarding care of the land itself, as well as the Defendants' precautionary measures. The two cases initially concluded differently, one holding Defendants had a duty to prevent the "sod throwing," since they'd had prior such incidents, and the other holding they did not. In a consolidated decision, the Michigan supreme court held that the venue was liable for responding reasonably to events occurring on their premises, but that a duty did not arise from knowledge of previous incidents, since criminal acts of third parties are not the Defendants' responsibility. Given the circumstances, the court found for both venues, thus reversing one and affirming the other, finding Defendants' response to the incidents were reasonable, even if lacking. - LSW (ed. - JMC)

Legal Issues
Constitutional Law State Constitution/Statute Civil/Equal Rights and Discrimination
Torts Negligence Negligent Supervision, Procedures & Precautions
    Personal & Emotional Injury
  Nuisance General


Opinions MacDonald v. PKT, Inc. and Lowry v. Cellar Door Productions of Michigan, Inc.
628 N.W.2d 33
Supreme Court of Michigan , June 26, 2001 ( Nos. 114039, 115322 )


MacDonald v. PKT, Inc.
593 N.W.2d 176
Court of Appeals of Michigan , January 15, 1999 ( No. 204703 )


Lowry v. Cellar Door Productions of Michigan, Inc.
1999 WL 33441303
Court of Appeals of Michigan , June 08, 1999 ( No. 206875 )


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Related Searches Parties
Concert Attendee(s) ( Plaintiff )
Music Promoter(s) ( Defendant )
Music Proprietor(s) ( Defendant )

Legal Issues
Constitutional Law / State Constitution/Statute / Civil/Equal Rights and Discrimination
Torts / Negligence / Negligent Supervision, Procedures & Precautions
Torts / Negligence / Personal & Emotional Injury
Torts / Nuisance / General

Courts
Supreme Court of Michigan (highest court)
Court of Appeals of Michigan


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