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1. A Perfect Negligence Case
Highest Court Court of Appeals of Texas
Year Ended 2010
Plaintiffs Concert Attendee(s)
Defendants Aramark
Clear Channel
Concert Promoter(s)
Hyatt, Corp.
Music Proprietor(s)
Security Service(s)
Other A Perfect Circle
Icarus Line
Short Description Injured audience members can be quite a liability. However, there are certain legal protections that prevent them from extorting Defendants for ludicrous reasons. Plaintiff was injured at a concert by A Perfect Circle, during the opening act, a lesser-known L.A. band called The Icarus Line. After the audience purportedly booed the band, its singer launched water bottles into the crowd, one of which hit Plaintiff, who was injured and supposedly became disabled. Plaintiff did not sue the band, however, but numerous entities related to the show's organization, alleging negligence, gross negligence, and improper security or preparation given the circumstances of the concert. However, well-established tort principles prevent Plaintiffs from sustaining negligence actions against Defendants for the tortious or criminal conduct of third parties, unless certain specifications are met, such as the third-party conduct being unreasonable and foreseeable or the Defendant having actual knowledge of the conduct. In this case, the venue proprietor's motion for summary judgment was granted by the trial court and Plaintiff appealed. The appellate court affirmed, finding that the show's proprietor had no reason to foresee the band's behavior; the security service was an independent contractor hired by the proprietor, not an employee or agent; and the proprietor did not know and did not have reason to know of the actions that injured Plaintiff. Furthermore, Plaintiff's motion for a continuance was also denied. - LSW


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