Trial Magazine

Jasen Smith, his wife, and some friends attended a concert at the Hollywood Casino Amphitheater. After the show, Smith and his party left their reserved seats and walked along a concrete walkway called “the moat,” which led to the facility’s south plaza. Smith’s wife realized she had left her souvenir at their seats, prompting Smith to walk back through the moat to retrieve the item from the reserved seating area.

He was later found lying in the moat area with a skull fracture and brain injury. Smith, who died of his injuries a day later, is survived by his wife and minor twin sons. He had worked as a restorer of classic cars and trucks.

Smith’s wife sued Live Nation Worldwide, Inc., which owned and operated the amphitheater, alleging negligence and premises liability. The plaintiff claimed that Smith’s injuries resulted from being struck in the face with a thrown rental chair that workers collected in the moat from the facility’s lawn section after the show. Suit also alleged that the defendant had hired workers with no experience performing the chair-collecting task.

The defense argued that there were no witnesses to the alleged incident and that its employees do not gather chairs from the lawn until all patrons have exited the area and until employees secure the entrances to the moat.

The parties settled before trial for a confidential amount.

Citation: Smith v. Live Nation Worldwide, Inc., No. 21SL-CC00734 (Mo. Cir. Ct. St. Louis Cnty. Oct. 19, 2023).

Plaintiff counsel: AAJ members Charles A. Gentry, Jason Call, Emily Fretwell, and Nick Leslie, all of Jefferson City, Mo.

Plaintiff experts: Amanda Youmans, forensic pathology, Chicago; Steven Adelman, venue safety, Norwalk, Conn.; Daniel Scodary, neurosurgery, St. Louis; and Brooke Liggett, accounting, Springfield, Mo.

Defense experts: Jane Turner, forensic pathology, St. Louis; Michael Geard, premises security, Phoenix; and Douglas Morr, biomechanical engineering, Columbus, Ohio.