Features
All Good Responds To Suit
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.
Walther Productions recently denied responsibility for the incident and asked the U.S. District Court to dismiss the suit. In a cross-claim, the promoter accuses security firm Event Staffing Incorporated of failing to meet its contractual obligations and accuses the driver of the vehicle of negligence.
Event Staffing Incorporated was an independent contractor, according to the filing, and was responsible for the parking area where the accident occurred. The company had a duty to “assess the promoter and the venue’s security needs” and “monitor and control … hazardous or dangerous conditions and activities.”
The promoter also alleges negligence on the part of ESI, which Walther claims had knowledge of an incident at a previous festival during which a “vehicle [was] alleged to have run over a tent in the area.” Because of this, “ESI had a duty to control the alleged potentially hazardous and/or alleged potentially dangerous condition.”
Walther’s contract with ESI states the security company was asked to list “the promoter, the venue and the venue’s owner … as additional insured” on its insurance policy. The agreement also notes the guard service will “defend, indemnify and save the promoter, the venue and the venue’s owner” from “all claims, actions, damages, liability and expense, including attorneys’ fees, in connection with loss of life, personal injury and/or damage to property.”
Walther Productions is seeking attorneys’ fees, litigation expenses and a judgment from ESI to equal any judgment the court might grant in favor of the injured and family of Miller.
In a cross-claim of its own, Event Staffing denied responsibility for the incident and claimed Walther Productions and additional defendants should have to contribute if the court awards any damages in the case.