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Victims' families said the small campsites at Faster Horses
contributed to hazardous conditions. But the court, in a 2-1
opinion, said blame doesn't rest with Live Nation, which managed
the weekend country music event.
“Live Nation did not have a common-law duty to monitor
plaintiffs’ campsite and discover the risk posed by the
generator,” the court said last Friday.
Dawson Brown, 20; William “Richie” Mays Jr., 20; and Kole Sova,
19, died while inside a camper at Michigan International
Speedway, about 80 miles (129 kilometers) west of Detroit.
Authorities said they likely were asleep when they inhaled
carbon monoxide. Two other people survived.
Michigan rules typically call for at least 1,200 square feet
(111.5 square meters) per campsite, but the speedway — known as
MIS — was allowed to create sites as small as 800 square feet if
certain conditions were met, the appeals court noted.
Investigators determined that the generator’s exhaust was vented
under the trailer, which apparently allowed noxious fumes to get
inside. A carbon monoxide alarm inside the trailer wasn't
working.
There was no dispute that Live Nation distributed information to
campers about the use of generators, the appeals court said.
A Lenawee County judge ruled in favor of Live Nation and
dismissed it from the lawsuit. The appeals court affirmed that
decision.
In a dissent, Judge Allie Greenleaf Maldonado said a jury should
decide the case.
“There are questions regarding whether ‘an average person with
ordinary intelligence would have’ recognized the risks posed by
this generator,” Maldonado said, citing a Michigan legal
precedent.
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