Facts

On Aug. 14, 2010, plaintiff Dustin Riddle attended an "Ozzfest" rock concert held at the San Manuel Amphitheater.

Riddle filed suit against the concert's promoter and grounds lessee, Live Nation, and Contemporary Services Corp., the crowd management company at the event.

Plaintiff's wife, Sheryl, brought a claim for loss of consortium.

PLAINTIFF'S CONTENTIONS:
Riddle claimed he was the victim of assault and battery by fellow concertgoers at the event, including cross defendant Levi Reid. Plaintiff alleged that defendants failed to provide and maintain adequate security to secure and protect concert attendees.

Plaintiff filed a claim for negligence against defendants.

Defendants contended that it provided adequate security and crowd management personnel at the event. Defendants asserted that Live Nation and Contemporary Services, along with uniformed local sheriff and fire department personnel, provided a total crowd management and security staff of no less than 496 personnel, a ratio of 1 to every 38 guests, which is well in excess of ratios accepted by courts in this state at similar events.

Settlement Discussions

Plaintiffs' last demand to settle the case was $135,000. Defendants did not offer any money to settle the case.

Injuries

Riddle claimed he was knocked unconscious, suffered traumatic brain injuries, an orbital eye fracture, a dislocated shoulder, and post-traumatic stress disorder.

Result

The court granted summary judgment in favor of defendants Contemporary Services Corporation and Live Nation Worldwide Inc. The court held that no disputed issues of material fact were demonstrated to exist on the issue of causation, even if the court were to assume a duty to provide sufficient security measures and breach. The court further held that plaintiffs did not demonstrate defendants alleged negligence in failing to have security personnel/crowd management posted at portable restrooms near where the incident occurred, caused plaintiff's injuries. Plaintiffs' argument, the court held, amounted to a claim of abstract negligence.

Other Information

Plaintiffs have agreed to waive the right to appeal in exchange for a waiver of costs by defendants. FILING DATE: Aug. 9, 2012.