Robert E. Gordon
Robert E. Gordon
Rap stars Jay Z (left) and Kanye West perform during a stop of their “Watch the Throne” Tour in December 2011. Following the duo’s performance at the United Center as part of the tour, a woman sued the event operator Live Nation for injuries she alleges came after West summoned fans to rush the stadium floor while performing an encore of a popular track. A state appeals panel revived the suit last week, finding Live Nation needed to provide additional discovery before a trial judge can issue summary judgment. 
Rap stars Jay Z (left) and Kanye West perform during a stop of their “Watch the Throne” Tour in December 2011. Following the duo’s performance at the United Center as part of the tour, a woman sued the event operator Live Nation for injuries she alleges came after West summoned fans to rush the stadium floor while performing an encore of a popular track. A state appeals panel revived the suit last week, finding Live Nation needed to provide additional discovery before a trial judge can issue summary judgment.  — Rex Features via AP Images

A state appeals panel on Friday revived a lawsuit brought against Live Nation Entertainment from a woman who sustained injuries during a 2011 Jay Z and Kanye West concert at the United Center.

Sharon E. Jones fell down a flight of stairs at the United Center after the performers, during their “Watch the Throne” Tour show, encouraged everyone in the arena to come down to the floor to party. Jones described the scene as a “human tsunami.”

Jones’ lawsuit against Live Nation, which promoted the concert, hit a roadblock when the concert promoter refused to answer interrogatory questions about how often it is sued for injuries and for its acts.

The dispute over discovery went to interlocutory appeal before the 1st District Appellate Court in 2015. But before the panel could issue its ruling, Cook County Circuit Judge Larry G. Axelrood granted summary judgment to Live Nation, finding the promoter did not owe a duty of care to Jones.

The 1st District’s eventual ruling did order Live Nation to answer the plaintiff’s written interrogatories, but Axelrood denied Jones’ motion for reconsideration and the discovery never occurred.

The 1st District panel on Friday reversed Axelrood’s ruling, finding it remains an open question whether Live Nation owed a duty of care to Jones — a question that can be addressed based on how the defense responds to the interrogatories.

“In sum, without the answers to plaintiff’s interrogatories, we cannot conclude as a matter of law that defendant Live Nation owed no duty of care to plaintiff,” Justice Robert E. Gordon wrote in the 24-page opinion.

“The answers speak directly to defendant Live Nation’s notice and knowledge of the frequency with which its performers encourage a crowd of people to leave their seats and move down toward the stage and concert attendees’ injuries that may result therefrom,” Gordon continued.

Jones alleged she suffered injuries to her head, neck, back and legs. Her attorney, William A. Jaeger of William A. Jaeger P.C., said she does not require a wheelchair or a walker to be mobile, but is in immense pain and requires pain-relieving medication.

Jaeger said Jones’ medical bills are in the “thousands of dollars,” but only because she has opted not to have surgery yet.

Jones was among the thousands who attended the Dec. 1, 2011, performance at the United Center. It was at the end of the show, when the two rappers played a hit single from their album eight times in row, when Kanye West told the audience to come down to the main floor because they were “going to turn this into a motherf---ing party.”

Jones sought to leave the venue then, but the lights were still off. Jones was hit by concert-goers who were attempting to rush toward the stage.

Jones sued Live Nation and the United Center in November 2013. The United Center is not part of this appeal; Jaeger said those proceedings are still in the circuit court.

It was in April 2014 when Jones served Live Nation with a number of written interrogatories, including the questions about how often it is sued for injuries at its concerts. Live Nation objected, with its vice president of risk management saying in an affidavit that answering the question would impose a “massive burden” on the company.

In July 2014, Associate Judge James E. Snyder ordered Live Nation to answer a modified version of the questions; that order was upheld by Circuit Judge Jerry A. Esrig a month later.

Live Nation appealed the discovery order to the 1st District. Four months later, Live Nation filed its motion for summary judgment while the appeals panel was still considering the case. Live Nation argued it owed no duty of care to Jones, and that her injuries were caused by a third party.

Axelrood granted Live Nation’s motion for summary judgment in May 2015, finding there was no evidence the concert promoter controlled the performers and owed no duty of care to Jones under Live Nation’s rental agreement with the United Center.

The 1st District panel in June 2015 upheld the discovery order against Live Nation, finding it is integral to Jones’ lawsuit. Live Nation, however, argued in the circuit court that the disputed interrogatories would not cure Jones’ defective complaint.

Jones asked Axelrood to reconsider his motion for summary judgment, but he denied it “despite [having] knowledge of our order,” Gordon wrote.

Axelrood dismissed Jones’ argument over their discovery issues as being improperly raised for the first time.

The panel took Axelrood to task for ignoring its order. Gordon wrote it is well-established that once an appellate court has jurisdiction over a case, the trial court cannot enter “any order which would change or modify the order on appeal.” But that is what Axelrood did, Gordon continued.

The justices noted that the “crux of this case” lies in whether Live Nation owed a duty of care to Jones.

Gordon noted Axelrood found there was no evidence Live Nation owed a duty to Jones while also precluding Jones from gathering evidence on the matter.

On appeal, Live Nation argued under its rental agreement with the United Center that it was not obligated to ensure the safety of Jones and the audience, nor did its employees invite concert-goers to rush the main floor.

But the panel found the rental agreement does not necessarily absolve Live Nation of its potential duty to Jones because Jones was never a party to the rental agreement.

“The rental agreement has no bearing on plaintiff’s right to bring suit against defendant Live Nation for her injuries,” Gordon wrote. “Thus, as plaintiff was not a party to the rental agreement, the trial court abused its discretion by using it to determine plaintiff’s rights.”

Live Nation could be held liable if it knew the performers would ask the audience to rush the stage. However, because the promoter never answered Jones’ interrogatories, that question is unanswered, the panel found.

As a result, it was improper for Axelrood to grant summary judgment to Live Nation when there was a dispute of material fact present, the panel found.

Jones was also represented by Harry C. Lee of the Law Office of Harry C. Lee.

Live Nation was represented by Martin A. Kanofsky and Thomas D. Donofrio of Merlo, Kanofsky, Gregg & Machalinski Ltd. They did not return a request for comment.

Justices Bertina E. Lampkin and Eileen O’Neill Burke concurred with the opinion.

The case is Sharon E. Jones v. Live Nation Entertainment, Inc., et al., 2016 IL App (1st) 152923.