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ARTICLE ID 139880

$________ - Concert & Event Security Negligence - Inadequate security at concert at PNC Bank Arts Center - Plaintiff attending concert suffers fractured ankle when he gets caught up in crowd who is "moshing" - Surgery - Surgical hardware installation.

Monmouth County

The male plaintiff, age in his early 20s, who was attending an all day "Heavy Metal" concert, contended that employees of both the Art Center and its security company should have taken steps to control the crowd when it began "Moshing" in the lawn seat area. The term originated from the practice of concert goers running and flailing at each other, often throwing themselves onto the ground in a "Mosh pit" close to the stage, but the plaintiff contended that the activity was occurring in the lawn seat area where he sat with his girlfriend and another couple. The plaintiff maintained that the activity expanded in area and intensity over a period of approximately one hour, that he observed employees of both defendants in the area and that no crowd control measures were taken.

The defendants denied that the activity had been going on for an extended period as claimed by the plaintiff and maintained that it commenced very shortly before the plaintiff was injured and that it had no opportunity to prevent the incident. The plaintiff’s friends would have supported his version. The defendants would have also argued that the plaintiff was probably a willing participant and was comparatively negligent. The plaintiff would have also pointed to signs that were posted that prohibited the activity.

The plaintiff sustained an ankle fracture and required surgery and surgical hardware installation. The plaintiff maintained that he will suffer some permanent pain and limitations. The plaintiff missed approximately one month from his job as a mechanic.

The case settled prior to trial for $________, including $________ from the security company and $________ from PNC Bank Center. The center is held by the bank under a long term lease from the NJ Tpk Authority/owner and although the owner was initially named, the plaintiff did not proceed against this party and no Title 59 issues were involved.

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