A lawsuit filed in Pitkin County District Court on Tuesday claims that Belly Up Aspen should have kept a stage-diver under control during a June 2012 concert.
The plaintiff, Aspen resident Abbie Wade, allegedly was injured by the stage-diver during the June 9 show. The headlining act on that Saturday night was This Must Be the Band, a Talking Heads tribute group, according to the South Galena Street music club’s website. Wade is being represented by Zaner Harden Law LLP, of Denver.
Belly Up is a defendant, along with Virginia resident Andrew G. Stewart, the alleged stage-diver. Michael Goldberg, the club’s owner, could not be reached for comment Tuesday.
At some point during the show, the lawsuit states, Stewart was allowed on stage. He was allowed to dance, unimpeded, for more than 20 seconds, according to the suit.
Stewart “jumped off of the stage onto the Plaintiff, who was dancing and enjoying the concert on the dance floor below,” the suit says.
Belly Up “failed to adequately secure the concert venue and allowed Stewart to get on stage, dance an extended period of time, and then dangerously dive off the stage onto Plaintiff,” the lawsuit states.
The club knew, or should have known, the inherent dangers of stage-diving and its potential for injuries, the suit says.
Belly Up “had a duty to exercise reasonable care in maintaining the safety of the premises for attendees of its venue,” according to the lawsuit.
Wade suffered injuries and damages, including medical expenses, pain and suffering, inconvenience, loss of enjoyment of life, impairment of quality of life, emotional stress and physical impairment, the suit states.
The lawsuit seeks a jury trial to determine liability and negligence, along with a judgment for an unspecified amount of money for damages and legal expenses.