An Alabama man who attended a heavy metal festival in Atlanta left in an ambulance after being bashed on the head with a skateboard, according to a lawsuit.
Joshua James Dugas is suing Atlanta, Live Nation Entertainment and the Truth Initiative Foundation for the alleged incident at the Rockstar Energy Drink Mayhem Festival on July 29, 2015.
Dugas was watching the band HellYeah perform at Lakewood Amphitheater when an unknown person ran up and hit him with the skateboard, the suit alleges.
“Dugas became dazed and confused upon being hit in the head and went in and out of consciousness,” the filing says. His friends helped him to an on-site medical tent, where he collapsed and was taken to an emergency room via ambulance.
Dugas’ “continuing and permanent injuries” have caused him physical, emotional and “economic” injuries, the suit says. The suit cites more than $40,000 in medical expenses, with more to come.
Lawyers at Dixon Davis, the firm representing Dugas, said they aren’t sure why the unprovoked assailant hit the 20-year-old, causing traumatic brain injury.
According to the negligence suit: Anti-tobacco non-profit Truth was giving away the skateboards, which could be used as weapons, and were responsible for keeping them from harming concertgoers. Atlanta and Live Nation had “exclusive possession and control of the premises on which plaintiff Dugas was attacked,” and are accused of failing to use reasonable care when providing security.
Among other failings listed in the suit, it also alleges the entertainment company and city failed to protect Dugas from “the unruly, dangerous crowd.”
Truth and Atlanta said they had not yet been served with the complaint, and therefore could not comment. Live Nation did not return a message.
Attorney Rod Dixon said personal injury lawyers sometimes “take a little flack,” but that it’s out of these kinds of cases that businesses make procedural changes to keep other people safe.
“Hopefully we can hold them to the level of responsibility that the law requires,” Dixon told The Atlanta Journal-Constitution.
Dugas seeks all allowable damages.
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