A former Simon Fraser University student who alleged her legs were burned when a guitarist set his instrument alight with lighter fluid at a Â鶹´«Ã½Ó³»concert has been awarded $202,200 in damages in B.C. Supreme Court.
In May 2011, plaintiff Celia Langston-Bergman, then 20, attended a concert by now-defunct band Boogie Monster at a run run-down, Chinatown building well known to local Indie rock fans as “Winnie Cooper,” Justice Harry Slade said in his May 10 decision.
Slade said Boogie Monster had two members — guitarist Ben Fussell and drummer Tony Dallas. Both were defendants, as were the concert promoters.
At one point, Fussell laid his guitar in front of him on the floor.
“As Jimi Hendrix famously did on stage at the end of a set, Mr. Fussell laid his guitar on the floor, poured a liquid on it from a water bottle and ignited it,” Slade said.
With the bottle of igniting fluid on the floor, Fussell apparently stepped on it, and flaming liquid was propelled toward Langston-Bergman.
Friends helped Langston-Bergman as her legs were on fire. She went outside, “where she tried to cool the burns with water from a puddle,” Slade said.
She was transported to a hospital by ambulance.
The former dance student suffered severe burns to both legs from the sock lineup to the lower thighs, court documents show. She was admitted to the burn ward and, after other treatment, underwent two skin graft surgeries, both under general anaesthetic.
Slade said most burns have healed but the graft sites remain obvious.
As a result of the situation, Langston-Bergman gave up her dreams of being a dancer and, after turning to restaurant work, obtained a bachelor’s degree in nursing, and qualified as a registered nurse.
Slade said Langston-Bergman is reluctant to work in emergency or intensive care units, as she does not want to treat burn victims.
Concert promoter Tristan Orchard, who did not testify, said in a response that Fussell had informed him of his desire to perform the burning guitar stunt, that he forbade him from doing so. It had been suggested the stunt be done outside.
Slade said finding Fussell liable for damages in the suit required little discussion.
"He ignited a flammable liquid in the midst of a closely grouped gathering of people,” Slade said. “Their proximity gave rise to a duty of care not to create a risk of harm. The risk of harm to those surrounding the performers was foreseeable, and it was him that started the fire.”
The judge said it was foreseeable that Fussell would perform the stunt and Orchard breached the statutory duty to ensure the safety of those attending the performance.
“Mr. Orchard is liable for the injuries suffered by the plaintiff,” Slade said.
Drummer Dallas had objected to the stunt.
Slade said Dallas had a reasonable belief that Fussell would not perform the stunt and therefore had no reason to warn the audience. He was found not liable in the case.
For the physical and emotional impact, Langston-Bergman was awarded non-pecuniary damages in the sum of $135,000. For past loss of income, Slade awarded $67,200.
