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Published: 2014/02/19

Fishbone Ordered to Pay Fan Injured at Show

ABC News is reporting Fishbone has been ordered to pay a Pennsylvania woman who sued the band after she broke her skull and collarbone following a stage dive from lead singer Angelo “Dr. Madd Vibe” Moore during a performance at WXPN’s World Cafe Live in 2010. Kimberly Myers of Voorhees, NJ—who also lost consciousness after sustaining the injury—will receive $1.4 million after a judge ruled that Moore showed little to no remorse and hasn’t stopped stage-diving despite frequent injuries to concert-goers.

The award includes $1.1 million in compensatory damages against Moore and the band as well as business partner and bassist John Norwood Fisher. Moore was also ordered to pay $250,000 in punitive damages. Moore testified in 2011 that the ambulance is called to the venue every couple of months, and that “people want to be on edge when they go to a Fishbone show.”

Myers, the 46-year old mother of three, recently settled with other defendants involved in the incident, including University of Pennsylvania, who operates the music venue.

The band took to Facebook to respond to the situation:

Due to legal circumstances, we are limited in our response to the recent court ruling. We do not endorse or encourage disruptive behavior that results in injury. We do endorse self expression and feel strongly that self expression is a powerful form of artistic release, as it defines the punk rock subculture we, and hundreds of bands have been a part of since the late 1970’s. We do not encourage people to come forth and participate in, for example, a mosh pit, if it is not something they are familiar with or beyond their comfort level. Our many fans are familiar with our show. The claim against us outlined what was a very unfortunate and accidental circumstance experienced by someone who had never been to a Fishbone concert. We’d like to encourage a discussion by fans, nonfans, the venues and promoters about artistic expression at concerts and how to move forward from here.

Angelo Moore, John Norwood Fisher and the members of Fishbone.

Comments

There are 16 comments associated with this post

Stayoutofthepit February 19, 2014, 07:27:34

So this stupid woman that is approaching 50 is up front at a Fishbone show instead of taking care of her three children and sues everyone when they do what they do at every show. If you are some stupid hippie, small chick or geezer that can’t hang with physical shows stay the fuck in the back and enjoy it from there. This is nothing new in punk rock shows. $1.4 million for a very hard touring band that has always been underground for the most part is outrageous. I hope she never goes to a Murder Junkies concert.
CAVEAT EMPTOR!!

Dave February 19, 2014, 07:48:44

What an imbecile that lady is. I’d like to tell her how horrible of a person she is. Stupidity should not be rewarded in this country. How in the hell is fishbone gonna come up with 1.4 mill? Kickstarter anyone??

dubs February 19, 2014, 08:17:47

I don’t understand, how badly was she injured. All this article says is, “she lost consciousness” and that UPenn settled. Easy for them, they settle frivolous nonsense, every day. Was this woman really injured, if not FB just got their pocket picked.

ummmm February 19, 2014, 09:17:07

To me it sounds like the only embicile is the guy from Fishbone. He is out 1.35 million. He may not have lawyers, but I assure you that UPenn has their pick of the top lawyers using their endowment fund. The fact that they settled tells you that the lady had a good case, and the band and venue did not. UPenn would have buried her in court and given her maybe a ticket stub to a 2.0 show and a kick in the rear. I say nice work to the lady, to bad for the incident, and good luck obtaining 1.3 million out of anybody in Fishbone!! He can take his statement to bankruptcy court. Then again this lady has good attorneys who pretty much put a smack down on everyone else in the situation, so they probably know how to get every last penny before the guy declares bankruptcy. I look forward to more Fishbone dates. This year could be a 300 show year with their bills.

Avi Dershowitz February 19, 2014, 11:20:52

There was a judgment against the band
The abc source article says the woman settled with other defendants.
Nothing indicates fishbone has willingly paid any money.
It would seem the case was tried and the court issued a judgment that this woman now has to collect
Good luck collecting from angelo

ITS TIME February 19, 2014, 12:40:50

To change your name and move out of the country. Fishbone isn’t worth being in debt and playing for free Angelo.

drasticjasper February 19, 2014, 13:56:00

Fishbone rocks has always rocked and will continue to throw down retarded suburban mouthbreathers need to stay home with their smartphones no one wants to see your fat ass getting hurt at a show watch it the next day on youtube you limp excuses for humanity bands getting attacked legally for the shoe size IQ of the modern concert goer has to STOP stay home dweebs watch it on youtube punkers rockers and metalheads don’t want you in the audience jambands this goes for you wookies too if you aren’t buying a ticket stay the fluff home if you did buy a ticket enjoy the show but it’s just not the bands fault or the fan’s fault when someone engages in dangerous behaviour rock shows aren’t disney boy band britney cyrus they are primal screams back in the day tickets said clearly you assume all risk of injury by attending baseball tickets say it football tickets say it It is a sham, a disgrace, and outright legally incorrect that a band gets sued for something that happens in a venue and Fishbone is actually a cool and loving band who have pretty much burned the house down every time I saw them what a fun band :) A travesty yes but no justice was involved here

jamesdinct February 19, 2014, 15:05:22

Man this really sucks. If all that happened was she got kicked in the head and briefly lost consciousness but was fine soon after that and has no lasting damage this is total bullshit. It undoubtedly will lead to bands not stage diving anymore which is a shame for punk/rock community. The litigious society we live in will soon dull down every exciting/on the edge facet of life and art. If she was seriously injured she should probably have her medical bills covered but anything in excess is a damn shame especially because its a badass hardworking band that unfortunately never became a big commercial success, this type of settlement could ruin them financially. They have a reputation for having raucous shows I wonder why this woman was up front at their show?? I saw them in a small rock club around 10 yrs ago and they fucking killed it. Completely amazing exciting music, one of the best shows I have seen come to think of it and I have seen easily 500 (probably over 1k) bands live. They did a multi song Jimi Hendrix cover encore that really captured the spirit of his music. I recall kicking a guy right in the face/head while crowd surfing at Warped Tour during the Deftones set in 1998. I hit him really really hard and no doubt ruined his afternoon, I felt absolutely horrible, I was like 14 yrs old and it was totally accidental but you kind of assume that risk in that area of a heavy rock concert. I certainly got my fair share of hits in mosh pits and during heavy crowd surfing events. You really should not be in that environment if you are not prepared to take a hit. Its horrible when someone does get hurt but not shocking. Its a shitty issue and thing to happen there is no great answer for what the result should be I suppose. Keep on rockin in the free world!!!!

AK February 19, 2014, 15:21:51

She should have known better, but the woman did literally crack her skull – it wasn’t a minor injury in the least.

slayer!!! February 19, 2014, 16:19:49

It wasn’t assumption of the risk. She assumed loud noise. I’ve seen over a hundred concerts and the performers assume god complexes and some of the commenters here assume, gee your in a mosh pit, too bad i knocked you the F out. Wrong, i don’t buy it. Yes I’ve seen Slayer and Anthrax in concert as early 20 something. But if someone jumps from a stage or scaffolding onto the crowd, that’s kinda moronic on the performers part to say you assumed the risk of me jumping on you. Besides, there’s insurance for all these and the various parties involved, so i doubt the band will go broke, but their insurance rates might go up or they’ll be looking for a new insurance company.

You guys know nothing February 19, 2014, 22:07:06

I deal with settlements for my career. If it went to trial and that’s what she got…..she’s plenty fucked up. It doesn’t excuse her stupidity. But stupidity has nothing to do with damages and the band has insurance most likely which pays.

endlessfishbonetour February 20, 2014, 11:22:00

It looks like fishbone’s goanna tour a bunch this spring/summer!! woohoo! the legal trouble sucks for the band though!

Hooch February 20, 2014, 21:14:09

You buy the ticket, you take the ride. No time for crying over spilt milk. Fishbone isn’t for the faint-at-heart. Got to have your big boy shoes on if you’re gonna roll with the big dogs.

Say What????? February 21, 2014, 10:01:45

Not one person, no matter the show they are going to assumes the risk of a mosh pit. If someone gets hurt in the mosh pit the Venue should get sued and lose and maybe even the artist if they instigate it. “Hard Rock” isn’t for the faint of heart. Yeah, no kidding. Maybe I should jump into a Moshpit and just start going crazy on all of you that assume the risk? You say you openly assume that risk? You don’t care who is around since you assume that risk. What if you were moshing with a 6’6 defensive lineman that played at Ole Miss? Would it be your assumption that if you got hit by my elbow that your orbital would be shattered? Would you by a Fishbone Tshirt with blood coming out of your eye since you assumed that risk?

This woman is a professional "suer" March 9, 2014, 16:38:09

I think the fact that this woman is claiming she got “autoimmune disease” as a result of getting hit in the head is ridiculous! It is AUTOIMMUNE which means it can happen to anyone and never as a result of an injury. Furthermore, this so called mother of 3 should be watching her children. of course what we don’t know is that the three children have three different fathers and she is not what she is made to be. She is ruthless and has a record of false lawsuits in the past. check out the NJ court records

This woman is a professional "suer" March 9, 2014, 16:38:58

I think the fact that this woman is claiming she got “autoimmune disease” as a result of getting hit in the head is ridiculous! It is AUTOIMMUNE which means it can happen to anyone and never as a result of an injury. Furthermore, this so called mother of 3 should be watching her children. of course what we don’t know is that the three children have three different fathers and she is not what she is made to be. She is ruthless and has a record of false lawsuits in the past. check out the NJ court records

This woman is a professional "suer" March 9, 2014, 16:43:09

I think the fact that this woman is claiming she got “autoimmune disease” as a result of getting hit in the head is ridiculous! It is AUTOIMMUNE which means it can happen to anyone and never as a result of an injury. Furthermore, this so called mother of 3 should be watching her children. of course what we don’t know is that the three children have three different fathers and she is not what she is made to be. She is ruthless and has a record of false lawsuits in the past. check out the NJ court records

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