After suffering a spinal injury earlier this year, Trophy Eyes concertgoer Bird Piche has now taken legal action against the group, their singer John Floreani, the concert promoter and the venue.
What Happened to Bird Piche?
Piche was in the audience at the Aussie punk band’s show at Mohawk Place in Buffalo on April 30 when, according to reports, Floreani stage dove backwards into the crowd and a collision took place with the singer landing on top of Piche. The band reportedly shut down the show early as a result of the Piche’s injury and the 24-year-old audience member later required extensive surgery in the aftermath of the collision.
Upon discovery of the injury, not only did Floreani stop the show but he accompanied Piche to the hospital. In a statement released on social media, the band later commented, “With the blessing of the family we are now able to say how truly heartbroken we are to be here now.”
They also urged fans to donate to Bird’s GoFundMe, which had collected $88,000 at press time.
The band added, “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.”
In May, Piche revealed in an NBC News report that she was starting rehab and expecting to make a full recovery.
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In 2023, Trophy Eyes’ concert actions were calling into question by one concertgoer, with an exchange between the band and the concertgoer going viral. The fan had stated in the comments of a tour announcement post from the group that after attending a show in Atlanta that they felt unsafe after the band had encouraged moshing and crowd surfing. As reported by Metal Injection, in a since deleted response, the group posted “fuck you,” On the Instagram post in question, it appears as though comments have been disabled.
The Venue’s Tragic History
Sadly for the venue, this was not the first significant injury incurred by a concertgoer. Back in 2011, a man suffered two broken vertebrae after being struck by a stage diver. Surgery was required and a lawsuit almost financially sunk the venue.
As such, Mohawk Place had banned stage diving by bands and patrons, so Floreani’s decision to dive into the crowd would have been in violation of the ban.
Details of the Lawsuit
Piche’s lawsuit was filed on Nov. 18, 2024 in the Supreme Court of the State of New York County of Erie. The suit names four defendants – Mohawk Place Inc., After Dark Entertainment Inc., Trophy Eyes and John Floreani.
Within the suit, which can be viewed in full at this location, it’s alleged the Piche “experienced serious personal injuries, conscious physical and emotional pain.” It’s also stated that the audience member “feared for her safety” and experienced “pain and suffering as a result of the incident.”
The suit alleges that the damages suffered were sustained as a result of negligence, recklessness and carelessness of all four defendants. Piche is seeking an undisclosed amount that exceeds jurisdictional limits of all lower courts.
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