Korn, Mudvayne, Clear Channel Broadcasting and national concert promoter Live Nation have been named in a lawsuit filed earlier this year in Denver District Court by a 27-year-old waitress who was injured during a concert that took place March 8, 2006.
The woman claims several rowdy concertgoers knocked her to the ground and trampled her as they made their way toward the stage. The University of Denver, which was the site for the KBPI-FM "Birthday Bash" concert, is also named as a defendant in the suit.
According to a Rocky Mountain News report, the show was Nicole LaScalia's first concert experience. She ended up leaving the event in an ambulance after one of her legs was crushed by the weight of the crowd. She is seeking unspecified damages, and her case is likely to proceed slowly, to allow time for the numerous parties involved to respond to its claims.
The report says LaScalia underwent surgery to fix a fractured tibia and fibula, as well as her badly injured ankle. She has accrued about $60,000 in medical bills, and the suit will seek damages for "severe pain and suffering."
According to the suit, LaScalia fell to the ground when several fans surged toward the stage just as Mudvayne began their performance. "Something like this is reasonably foreseeable," LaScalia's lawyer, Darrell Elliott, told the paper. "There has to be sufficient supervision if you have festival seating to protect patrons. In this case, it didn't happen. Oversight was lacking."
Meanwhile, Clear Channel has responded to the suit, calling the victim's claims "frivolous and groundless." The company blamed the injuries on either her negligence or the actions of those in the crowd.
At press time, Elliott and representatives for Mudvayne had not responded to MTV News' requests for comment. In a statement, Korn's management said: "Although we can verify that Korn was not onstage during the alleged incident, we cannot comment further on the suit as it is a legal matter."