Court Clears Way For Ozzfest Suit

August 15, 2008, 16 years ago

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The following report is courtesy of Mydesert.com:

Two Riverside County men who contend that poor security was to blame for injuries they suffered at last year's Ozzfest concert in Devore (California) can take all of their allegations to trial and seek punitive damages, a Los Angeles judge has ruled.

Superior Court Judge Judith C. Chirlin denied a motion by Contemporary Services Corp. of Northridge, which provided security at the event, to dismiss allegations of negligent hiring and negligent infliction of emotional distress in the lawsuit brought by concertgoers Michael McClelland and Stephen Holloway.

Lawyers for Contemporary Services argued the allegations were not supported by the details in the lawsuit or by case law.

McClelland and Holloway also are alleging premises liability and negligence, neither of which were challenged in the Contemporary Services motions.

Chirlin on Wednesday additionally rejected motions by Live Nation Worldwide Inc., which promoted the July 21, 2007, event, and Pavilion Partners Ltd., owners of Glen Helen Pavilion, to strike the two young men's claim for punitive damages.

Ozzfest, which features performances by heavy metal and hard rock bands, was founded by OZZY OSBOURNE and his wife, Sharon, who organize the annual tours with their son Jack.

McClelland and Holloway, who filed their lawsuit in late January and then brought an amended complaint in June, maintain the security guards hired to work at the concert were “too young and under-trained to act as security guards at a heavy metal concert.”

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