Burning Lawsuit Appeal Denied

California’s Supreme Court denied a Los Angeles man’s attempt to reinstate his lawsuit against the Burning Man organization for injuries he sustained during the 2005 event in the Black Rock Desert in Nevada.

The justices voted unanimously Sept. 16 to deny review of Anthony Beninati’s appeal. His lawsuit against San Francisco-based Black Rock LLC, which claimed the promoter was negligent in allowing people to approach the flames without providing safe pathways, was dismissed earlier this year, according to the San Francisco Chronicle.

Beninati, a real estate manager, was badly burned at the Burning Man festival, which culminates every year with the torching of a 60-foot wood effigy of The Man. He walked several feet into the effigy’s burning remains to toss in a photo of a friend who died in a motorcycle accident.

The lawsuit said Beninati tripped over what he claimed was a hidden object and fell into the embers, burning his hands and legs. He was airlifted to a nearby hospital for treatment, the paper said.

San Francisco’s First District Court of Appeal ruled June 30 that anyone who takes part in any event where there is an obvious danger – such as walking into burning embers – is well aware of the risk, the Chronicle said.