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Red Hot Chili Penis Leads to Lawsuit
Highest Court Circuit Court of Virginia
Year Ended 1992
Plaintiffs Concert Attendee(s)
Defendants Music Manager(s)
Red Hot Chili Peppers
Talent Agent(s)
Other No Other parties on file
Short Description The Red Hot Chili Peppers were set to perform at George Mason University, and Plaintiff was among the students waiting outside the Peppers' room after their performance. The band members came out of the room, made some sexually disaparaging comments, and then lead singer Anthony Kiedas poked Plaintiff's cheek with his penis. Adding insult to injury, the band allegedly stole her car. Plaintiff sued the band members, which makes sense, but also sued their management company. Despite the common negligence rule that people do not owe duties to foresee or prevent the tortious or criminal conduct of third parties, Plaintiff argued the circumstances prevented an exception, because a "special relationship" existed between the band and their management. Though Kiedas is certainly amenable to suit (court's don't normally buy the "But it's a FAMOUS penis!" defense), the management company was found not liable; if any master-servant relationship existed, it was the mangement company that was the agent for the band, not vice versa, and no rule holds servants liable for the tortious conduct of their principal, when the servant was in no way involved. Defendant had not "taken charge" of the band members so as to create a duty to control them. - LSW

Legal Issues
Business Associations Agency Agent/Principal Liability & Respondeat Superior
Torts Indirect Liability Vicarious Liability
  Intentional Torts Assault & Battery


Opinions Crown v. Kiedas
27 Va. Cir. 371
Circuit Court of Virginia , April 22, 1992 ( NO. 104901 )


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Related Searches Parties
Concert Attendee(s) ( Plaintiff )
Music Manager(s) ( Defendant )
Red Hot Chili Peppers ( Defendant )
Talent Agent(s) ( Defendant )

Legal Issues
Business Associations / Agency / Agent/Principal Liability & Respondeat Superior
Torts / Indirect Liability / Vicarious Liability
Torts / Intentional Torts / Assault & Battery

Courts
Circuit Court of Virginia (highest court)


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