Pushed around at a rock concert.

Practice point: Defendants met their initial burden of showing that they provided adequate security measures at Ozzfest 2006, an outdoor concert held on Randall's Island. They submitted evidence showing that meetings were held with the NYPD to assess the security plans proposed, and that they ultimately provided 215 personnel to secure the concert, the attendance of which was about 10,000 to 12,000, and that such security would have been sufficient for a crowd of 30,000. Plaintiffs offered no evidence, expert or otherwise, to show that such security was inadequate,

Student note: Contrary to plaintiff's contention, the court found no evidence in the record to show that the unidentified person who shoved plaintiff was actually engaged in dangerous moshing or slam dancing, and plaintiff himself testified that he was unsure whether his injury was due to an intentional push or someone simply bumping into him. In any event, that unidentified nonparty caused plaintiff's fall, and under the circumstances here, defendants will not be liable for such unforeseen conduct.

Case: Marrero v. City of New York, 00015 (1st Dept. 2013).

Here is the decision.

Tomorrow’s issue: Appellate practice.