The Jesus Lizard and an Austin city nightclub have successfully defended themselves against a civil suit initiated by a woman who contends she was hit in the face by a can of beer thrown by frontman David Yow.
Melissa Slepekis alleged she sustained a serious jaw injury during a performance by the Jesus Lizard at Austin's Liberty Lunch, May 2, 1996.
One of the issues in the case, which wrapped up in court today in Austin, involved the weight of the beer can and it's ability to cause injury. Yow admitted he may have thrown the can, but he contended it would have been empty -- he never would have thrown a can away that still had beer in it.
According to the "Austin Chronicle," the lawyer for the woman told the court in his opening statement, "David's going to tell us, `I don't think I'd have wasted a full beer.'" Yow came close -- he said that it wasn't so much he wouldn't want to waste it, but he would have finished it, because "it's just what I do."
band's lawyer argued that Yow's actions were common at hard rock concerts, and not in any way unusual or unreasonable. The argument swayed the judge. Slepekis wasn't awarded any damages.
This wasn't the unruly group's first bout of trouble -- by a longshot. The "Dallas Observer" notes that in 1995, David Sims hit a member of the audience in the head with his bass. During that same tour Yow, who often exposed and contorted his privates during the song "Tight 'N Shiny," was arrested for doing so in Cincinnati. The Observer also reports that while Yow was in jail, he signed an autograph for a policeman that read, "You suck shit. David Yow."
The "Chicago Tribune" reports that the band will now resume their national tour. They will also work on rescheduling the hometown shows they missed while attending the trial.