PITTSBURGH – A Western Pennsylvania couple have sued the companies behind a metalcore music concert and the lead vocalist of one of the bands playing at the concert, after the husband-plaintiff sustained serious injuries from standing in proximity to an active mosh pit – when moshing was prohibited at the venue.
Nathan Swierkosz and Olivia M. Swierkosz of Crescent filed suit in the Allegheny County Court of Common Pleas on April 26 versus North Shore Entertainment Partners, LP and Promowest Northshore Complex, LLC of Pittsburgh, Universal Protection Services, LLC (doing business as “Allied Universal Security Services, LLC”) of Santa Ana, Calif. and Marcus Bridge, of Australia.
“On Sept. 12, 2023, defendants collectively arranged for the Monsters of Oz Tour to perform a concert at Stage AE. The Monsters of Oz Tour consisted of several Australian bands that played metalcore and heavy music, including the band Northlane. Defendants NS Entertainment and Promowest knew or should have known that the Monsters of Oz Tour consisted of bands whose style of music promoted and encouraged moshing. Defendants NS Entertainment and Promowest knew or should have known that the Monsters of Oz Tour consisted of bands who specifically and expressly promoted and encouraged the concert attendees to engage in moshing,” the suit states.
“On Sept. 12, 2023, plaintiff Nathan Swierkosz attended the Monsters of Oz Tour and was a business invitee on Stage AE’s premises. Defendants NS Entertainment and/or Promowest served alcohol at the Monsters of Oz Tour on Sept. 12, 2023. Prior to the concert, NS Entertainment and/or Promowest prominently displayed signs throughout the venue, clearly prohibiting mosh pits and moshing during the event. NS Entertainment and/or Promowest prohibited mosh pits and moshing due to their actual knowledge that moshing was an unreasonably dangerous condition at Stage AE and a danger and hazard to their business invitees.”
The suit continues that while his band was performing, defendant Bridge “explicitly promoted and encouraged the people attending the concert to engage in moshing, which escalated the level and intensity of moshing.”
“For instance, defendant Bridge yelled to the crowd over the microphone, ‘Let’s open this pit up,’ referring to a mosh pit, and ‘Get up and get loud.’ Also during its performance, a member of the band jumped into the crowd and crowd-surfed. During the band’s performance, concert attendees were engaged in moshing near or around the stage. An article in Pittsburgh Music Magazine described the scene at the concert that night as, ‘Parkway Drive took the stage like a thunderous force of nature. Their metalcore onslaught was relentless, and the mosh pit became a swirling vortex of exhilaration that sent crowd surfers across the barricade all night,” the suit says.
“Defendants NS Entertainment and Promowest failed to enforce their policies and allowed moshing to occur during the concert. Mr. Swierkosz was standing near the stage watching the band’s performance when he was violently struck on the right side of his leg by the falling body of a concert attendee who was moshing. At no point during the concert did Mr. Swierkosz engage in moshing. As a result of the dangerous conditions described herein, and defendants’ failure to enforce its prohibition against moshing, Mr. Swierkosz was violently struck by the falling body of a concert attendee who was moshing, causing him to fall and sustain very serious injuries.”
Due to the events at issue, the suit says Mr. Swierkosz sustained the following injuries, some or all of which are or may be permanent: A) Injury to his right knee and the tearing of his meniscus and anterior cruciate ligament (ACL) in the right knee, requiring knee aspiration and two surgeries to repair; B) Anxiety, post-traumatic stress disorder (PTSD), depression and stress; and C) Other injuries as the medical records may reveal or which have yet to be diagnosed.
For multiple counts of negligence and loss of consortium, the plaintiffs are seeking, jointly and severally, compensatory damages in excess of the jurisdictional limits for compulsory arbitration, together with court costs, interest, exemplary and punitive damages as a result of defendants’ reckless indifference to the rights of the plaintiffs and all other relief the Court may deem just and equitable.
The plaintiffs are represented by Anthony E. Patterson in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-24-004877
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com