November 5 [7:55 EDT] -- The fan that sued Metallica, the State of Iowa and concert promoters for injuries suffered in a Metallica mosh pit at a 1993 Iowa City campus concert has settled out-of-court.

U. of Iowa student Todd Miller had accused the concert staff of losing control of the crowd. The main floor had been reserved seating but fans rushed the stage when Metallica first appeared and pretty much demolished the folding chairs provided. Miller said that led to him being picked up and passed along over the top of the crowd as an unwilling body surfer. He was eventually dropped on his head and contends he sustained a serious injury that resulted in the loss of much of his sense of smell.

The settlement was reached just as a jury was being selected for a trial. The terms of the deal were not released. Williams' lawyer told the court that it was their wish that dangerous concert practices like body surfing must be stopped. Chicago concert safety specialist Paul

Wertheimer told UPI that most cases against rock promoters are settled out of court and that he hoped the action will help convince the promoters they need to take more responsibility.

The rock concert industry is a lot like the tobacco industry," Wertheimer told UPI. "They're living in denial and have historically blamed the victims. When you go to a concert, you have a right to assume that they're doing all they can to protect your safety.