Limp Bizkit sued over Big Day Out death

[KiwiCoromandel]

A US insurer has sued rock band Limp Bizkit to try to avoid paying legal fees arising from a 16-year-old Australian girl's death at a 2001 concert in Sydney.

United National Insurance has asked a Los Angeles judge to declare that it does not have to cover legal fees the band incurred fighting wrongful death claims brought by the parents of Jessica Michalik, who was crushed in a "mosh pit" at the Big Day Out festival in Sydney.

The insurer said in its lawsuit, which was filed yesterday, that Limp Bizkit frontman Fred Durst incited the audience at the festival to rush the stage. United National also claims the concert was not covered by a liability binder it issued for the band in 2000.

Michalik "was either crushed or trampled to death as the crowd, allegedly incited by Fred Durst's comments, surged toward the stage where Limp Bizkit was performing", the lawsuit said.

Limp Bizkit's lawyer Ed McPherson said both a coroner's inquest and an Australian court later found that the band, whose music fuses heavy metal, punk and rap, was not at fault in Michalik's death.

Michalik's parents filed separate wrongful death claims naming promoters and security personnel, and in one claim, the band. A NSW court dismissed Limp Bizkit and all parties connected with the band from the claim, finding they were not liable, McPherson said.

The band was left with "substantial legal fees", he said, but the figure has not been disclosed.

McPherson said the band's insurance broker has assured them that their policy did cover the Sydney concert.

"They've been completely unresponsive and now have decided to resolve it by suing their own insured," McPherson said. "I guess that's what happens when you buy insurance nowadays."

Harry Chamberlain, lawyer for United National, said his client wanted the court to settle whether the concert was "a scheduled event" and whether Durst's alleged behaviour nullified the band's insurance coverage.

The insurer asks for a court order showing that it has no duty to indemnify the band and that Limp Bizkit be required to pay any damages arising from the wrongful death claim.

source:reuters

[Ken]

What I always wonder about in these cases is "who trampled the person to death?"

Seriously, who runs over, kicks/hits a person while they're on the ground? Don't you see a body there? Won't anyone help that person up? Does anyone care?

Fucking stupid retards. They should be charged with murder, if they can ever find specific people who trampled her.

[Malicious Intent]

I doubt it is deliberate ken.

Just picture it - one person falls so next person tries to stop, but the weight of the crowd behind who dont know that someone has fallen is too much. If they are lucky they can avoid treading on the person who has fallen at best before being pushed forwards.

The people after that dont know to be looking down - memorised by their favourite band. By the time they have realised someone is down and injured it is too late - pushed forward again by the crowd not knowing there is a problem.

What can you do? Shout? Scream? Everyone is already doing that and the music is louder still.