Family Files Over All Good Accident

The family of a woman killed during a campground accident at the All Good Festival in West Virginia in July recently filed suit against organizers of the event and the venue owner alleging negligence.

The federal lawsuit claims defendants including Walther Productions, Marvin’s Mountaintop, M&M Parking and three security companies, among others, “failed to formulate or implement any sort of traffic, parking or camping plan with regard to the festival site itself,” and “failed to insure that attendees’ tents were sufficiently separated from the existing and intended roads and rights-of-way necessary for vehicular traffic.”

Nicole Miller was killed when a truck reportedly lost control and careened 30 or 40 feet down a hillside, striking two other vehicles before plowing into a tent that contained Miller and two other women.

Specifically, the complaint says the defendants didn’t exercise enough care in directing the placement of tents and vehicles and keeping the premises of the festival safe. Event organizers also failed to properly supervise the companies responsible for managing parking and camping at the event and didn’t correct dangerous camping and parking arrangements after previous attendees lost control of their vehicles, the suit says.

The driver of the truck is also targeted in the action.

Miller’s family seeks actual and punitive damages for pain and suffering, medical treatment, burial expenses and costs of the action.

Yen Ton, a woman who was in the tent with Miller, filed a separate suit. Ton allegedly suffered nerve damage in the incident.

Attorney Bob Martin, who represents Tim Walther of Walther Productions, told Pollstar that while the accident was unfortunate, the festival is very well planned and has held contracts with its various subcontractors for years.

He said sheriff’s investigations into the incident are ongoing and “there have been significant revelations of late that could impact the case,” including black-box data from the truck.