Springfield Headed Back To Court
Vicki Calcagno claims she suffered a concussion and “serious, disabling and permanent injuries” when Springfield fell into the crowd during his concert at the New York State Fair, according to her 2007 lawsuit.
Calcagno’s attorney, Ken Goldblatt, argued during the first trial said she didn’t realize how hurt she was and continued taking photos of the concert, but two days later, a doctor documented her injuries that included pain in her head and neck, muscle spasms, shoulder tightness, loss of sleep, sensitivity to bright light and pain in her left eye and right foot, according to the Syracuse Post-Standard.
He also argued that Springfield should have been more careful walking on chairs during his performance.
“With one foot on her chair and the other positioned on a plastic railing that separated different seating areas, Mr. Springfield, after being jostled by the audience, ‘lost his balance,’ causing his ‘butt’ to strike Ms. Calcagno, knocking her down and causing her head to hit the hard ground,” Goldblatt said.
A mistrial was declared in the previous case in November, giving the artist’s lawyer time to investigate new claims that emerged in the case and interview new witnesses.
The claims were spurred by a comment left by a woman on local news site CNYCentral.com that Springfield was “on the railing a few feet off the ground IN THE RAIN! He fell right on my mother in law that night too!” the Post-Standard said.
Goldblatt apparently reached out to interview members of the family, who had not reported their injuries, and Justice Anthony Paris declared a mistrial shortly thereafter.
A new trial is set for January at the earliest.