Concertgoer sues Australian band over paralysing incident

A young Trophy Eyes fan who was seriously injured at the Newcastle band’s concert in New York has filed a lawsuit against the band, the venue and the concert promoter.

US local Bird Piché, 24, suffered spinal cord injuries when frontman John Floreani stage-dived backwards into the mosh pit and landed on her at the post-hardcore band’s show at Mohawk Place in Buffalo on April 30.

The impact resulted in a catastrophic spinal cord injury, affecting her C5 and C6 vertebrae in the cervical region of her spine.

Initially, the injury left Piché unable to move anything below her neck.

However, Piché has since shown some signs of recovery and regained partial movement in her arms and wrists, her mother Amy Flaminio and family friend Leo Tejera have revealed to US media.

The lawsuit, filed on December 18 in New York’s Erie County, names frontman Floreani, Trophy Eyes, the show’s promoter After Dark Entertainment, and the venue as defendants.

The suit alleges the injuries were “sustained as a result of the negligence, recklessness and carelessness” of the defendants.

The lawsuit states Piché is seeking “a sum of money which exceeds the jurisdictional limits of all lower courts together with the costs and disbursements of this action”.

In other words, Piché is seeking an amount beyond what lower courts such as small claims courts or local courts can legally award.

A GoFundMe campaign launched to help cover Piché’s medical expenses has raised more than $US88,000.

Trophy Eyes has donated $5,000 and Floreani a further $6,000 to that fundraiser.

The band, the promoter and the venue are yet to respond to the lawsuit filing.

However, soon after the April incident the venue’s general manager Mike Thor said there was a strict “no moshing” policy.

“There are signs posted everywhere in the venue and notice was included in the emails for this show with the show’s promoter and the band themselves,” he said at the time.

“Our policy and practiced procedure is a full show stop for any stage diving which was put into place for this incident.”

The policy has been in effect since 2011 after a previous incident at the venue.

A representative for Trophy Eyes declined to comment when contacted by 7NEWS.com.au.

At the time of the incident, Trophy Eyes released a statement on Twitter saying the band was ‘’truly heartbroken”.

“Out of respect for the family, we have refrained from speaking about this publicly so far, but with the blessing of their family we are now able to say how truly heartbroken we are to be here now,” they said.

“Our friend, Bird, is now in recovery, but still has a long road ahead for them.

“This situation has shaken us all to our core and we ask for patience while we look to help Bird navigate this difficult time.

“Please, keep Bird in your thoughts. We remain in close contact with them and will expand on this as new news arrives.”

The band also included a link to the fundraiser.