Foot Suit Tossed

A lawsuit filed by a man who broke his foot and tore his ACL at a 2009 Seether show at the  in Sayreville, N.J., has been thrown out by the state’s court of appeals.

Photo: Scott Legato /
Rockstar Energy Drink Uproar Festival, DTE Energy Music Theater, Clarkston, Mich.

The suit, filed against Starland Ballroom owner AEG and a security firm working the show, claimed the companies failed to ensure Mark D’Alessio’s safety and encouraged pushing at the show by selling alcohol to “active, rowdy males,” according to court documents obtained by the Star-Ledger.

Specifically, D’Alessio claimed that he was pushed during the concert and fell down on his hands and face.

Then, while two men attempted to help him up, another man fell on the back of his legs.

“Two guys picked me up, one on each side with – under my arms they picked me up. And as people were still pushing, a big guy landed on the back of my legs. And I fell down knees first. Heard the pop,” D’Alessio said in a deposition.

He later underwent surgery and therapy for the injuries.

In its decision, the appeals court noted AEG had provided a reasonable amount of security for the show.

“AEG took reasonable precautions to enforce its policy against unsafe crowd behavior by employing Strike Force,” the appeals court said. “Additionally, Seether had performed at Starland Ballroom in the past without incident; the accident occurred within a matter of seconds; and plaintiff concedes he ‘felt safe the whole time until [he] got hurt.’”

The suit was first dismissed last year and attributed to “clumsy people at a Seether concert,” the Star-Ledger reported.