NEW INFO: NH Company Settles W.Va. Music Festival Lawsuits

By: The Associated Press Email
By: The Associated Press Email

UPDATE 2/7/13 @ 12:15 p.m.
KINGWOOD, W.Va. (AP) -- A New Hampshire company has settled two lawsuits stemming from a fatal accident at a music festival in West Virginia.

U.S. District Judge Irene Keeley approved National Event Services' settlements with Yen Ton and Elizabeth Rose Doran last week. Court documents don't list the settlement amounts.

Ton and Doran were injured during the 2011 All Good Music Festival when a pickup truck crashed into a tent where they were sleeping. Their friend, Nicole Miller, was killed. All three were from Mount Pleasant, S.C.

National Event Services was a subcontractor for the festival.

The Associated Press reports that two other defendants, M&M Parking Inc., of Pennsylvania, and Event Staffing Inc., of Virginia, were dismissed from the cases.

Ton and Doran reached settlements with several other defendants last year.

UPDATE 9/12/12 @ 10:38 a.m.
MORGANTOWN, W.Va. (AP) -- The family of a South Carolina woman killed at the 2011 All Good Music Festival will get about $570,000 from lawsuit settlements a federal judge has approved.

U.S. District Judge Irene Kelley approved agreements Monday that also pay Kim Miller's lawyers $233,000.

Miller's daughter Nicole died and two friends were injured when a pickup crashed into a tent where they were sleeping. All were from Mount Pleasant, S.C.

Survivors Yen Ton and Rosie Doran are also settling several claims.

Keeley called the deals with driver Clay Lewin of Cape Charles, Va., and other parties "fair and reasonable."

Miller also settled claims against James Tobin Productions.

The Associated Press says Ton and Doran get $100,000 apiece under the Lewin deal and $150,000 from Tobin's insurers.

Other settlements await court approval.

UPDATE 5/17/12 @ 12:40 p.m.
CLARKSBURG, W.Va. (AP) -- A 27-year-old man paralyzed from the chest down during last summer's All Good Music Festival is suing organizers and a security company he blames for his injuries.

Daniel Weaver of Hudson, N.Y., sued Marvin's Mountaintop LLC, Maryland-based Walther Productions and Event Staffing Inc. of Norfolk, Va., this week in U.S. District Court in Clarksburg.

The Associated Press says Weaver ran naked through the festival grounds near Masontown, and staff chased him into the woods. He then jumped into a swampy area, where employees found him lying down.

Weaver claims Event Staffing employees forced him to his feet, carried him by his arms and legs -- and deliberately dropped him.

He says the employees should have determined whether he was injured before moving him.

The defendants hadn't responded as of Thursday.

UPDATE 4/3/12
CLARKSBURG, W.Va. (AP) -- The father of a South Carolina woman killed at the All Good Music Festival in West Virginia will try to settle his lawsuit against eight of the defendants.

A court filing by Kim Miller says mediation will begin June 4. Other defendants are welcome to participate.

Miller's lawsuit and two others filed after the July 2011 accident near Masontown are to be tried together in federal court in Clarksburg in August.

Nicole Miller died, and friends Rosie Doran and Yen Ton were injured when a pickup truck slid down a hillside and plowed into the tent where they slept. All are from Mount Pleasant, S.C.

The lawsuits target a dozen parties, including driver Clay Lewin of Cape Charles, Va., Maryland-based Walther Productions, Marvin's Mountaintop LLC, and security and parking companies.

UPDATE 10/10/11
MORGANTOWN, W.Va. (AP) -- The father of a 20-year-old South Carolina woman crushed by a pickup truck as she slept in a tent at a West Virginia music festival is suing the event's producers, hosts, traffic directors and security providers.

Nicole Miller died and two of her friends were seriously injured in the July accident near Masontown.

One of them, 21-year-old Yen Ton, also is suing in U.S. District Court in Clarksburg.

All three women are from Mount Pleasant, S.C.

In all, they accuse a dozen defendants of negligence, including Maryland-based Walther Productions and its president, Tim Walther; and Marvin Huggins, the owner of Marvin's Mountaintop LLC.

Neither Huggins nor Walther's attorney, Bob Martin, immediately returned phone messages Monday.

The lawsuits also target the driver whose truck careened down the grassy slope.

MASONTOWN, W.Va. (AP) -- One woman is dead and two other people were injured in an accident at a weekend music festival in Preston County.

First Sgt. R.L. Monroe of the West Virginia State Police said the accident happened shortly after 8:45 a.m. Sunday at the All Good Festival campground, and involved a vehicle and three pedestrians.

Monroe says the accident-reconstruction team was trying to determine what happened.

Monroe said the woman's name wasn't yet being released. The injured male and female were transported by helicopter to Ruby Memorial Hospital.

Monroe estimated that about 30,000 people attended the 15th annual All Good Festival, held Thursday through Sunday.

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