"Inherently Dangerous" Conditions Brought Death and Injury, Lawsuit Alleges
Walther Productions, based in Maryland, has recently been the subject of three separate lawsuits regarding a car accident that occurred during the annual All Good Music Festival in Masontown, West Virginia. On the last day of the festival, a concertgoer attempted to leave in his jeep, which was parked on top of a steep hill - where the driver had been instructed to park. However, the suit maintains that due to slippery conditions the owner lost control of the jeep and slid down the hill.
Unfortunately, the tragedy occurred because Nicole Faris Miller, Yen Ton and Rosie Doran had set up tents at the bottom of the hill the night before to camp out. The jeep struck two cars before it careened into the tent the friends shared. Miller's death was attributed to asphyxiation from the weight of the jeep. Ton's arm was caught beneath the jeep, and she was pinned next to Miller as she died. Doran also claims she suffered serious physical and emotional injuries as a result of the accident and was forced to witness Miller's death.
Miller's father is suing for wrongful death, alleging the concert organizers were grossly negligent in failing to protect campers, and allowed cars and tents to be parked in an inherently dangerous situation. Miller is seeking damages for Miller's hospitalization and burial, physical suffering and mental anguish.
The man who drove the jeep has denied any negligence on his part and has asked to be removed from the lawsuit. He claims that no parking or security agents were there at the time the accident occurred and that he acted reasonably when involved in a sudden emergency.
Marvin's Mountaintop LLC, the owner of the venue, is also a defendant in the lawsuit, along with M&M Parking Inc. of Pennsylvania and Axis Security Inc. of Tennessee, among approximately a dozen others.
Walther Productions often stages shows in Maryland, including at the 8x10, the 9:30 Club and the State Theatre. It has decided to move the All Good Music Festival summer concert series to Thornville, Ohio, beginning in 2012.
When a venue or commercial property creates unsafe conditions for its patrons, the individuals injured have legal rights. If you have been injured at an event or on commercial property because of the ownership's negligence, contact a personal injury attorney to discuss potential compensation.
