<b>Decision of Note:</b> Station Cleared In Fan Death Over Spears Interview

The New York Appellate Division, Third Department, ordered summary dismissal of a suit over a fan who died after chasing a Britney Spears impersonator outside a radio station. Santodonato v. Clear Channel Broadcasting, 97744.

A Clear Channel station broadcast a pre-recorded interview with Britney Spears. The appellate division noted, “the promotional spots aired in advance of the interview apparently conveyed the impression that Spears would be interviewed live at the station. On the day of the interview itself, a Spears impersonator arrived at the station by limousine and was escorted inside by three individuals wearing jackets bearing the name of Spears' record label.” When the limousine moved to a side entrance, Susan Santodonato headed there with a crowd of fans but fell and died the next day.

Santodonato's estate sued for negligent crowd control, but the appellate division emphasized “the evidence showed that there were many individuals present who safely avoided the flow of the crowd. Moreover, … no one was within decedent's immediate vicinity in the moments preceding her accident.”

As for the estate's fraud claim, the appellate division concluded: “Even assuming that defendant's misrepresentations facilitated decedent's presence at defendant's radio station, plaintiff has nonetheless failed to adduce any proof concerning the actual cause of decedent's fall.”

The New York Appellate Division, Third Department, ordered summary dismissal of a suit over a fan who died after chasing a Britney Spears impersonator outside a radio station. Santodonato v. Clear Channel Broadcasting, 97744.

A Clear Channel station broadcast a pre-recorded interview with Britney Spears. The appellate division noted, “the promotional spots aired in advance of the interview apparently conveyed the impression that Spears would be interviewed live at the station. On the day of the interview itself, a Spears impersonator arrived at the station by limousine and was escorted inside by three individuals wearing jackets bearing the name of Spears' record label.” When the limousine moved to a side entrance, Susan Santodonato headed there with a crowd of fans but fell and died the next day.

Santodonato's estate sued for negligent crowd control, but the appellate division emphasized “the evidence showed that there were many individuals present who safely avoided the flow of the crowd. Moreover, … no one was within decedent's immediate vicinity in the moments preceding her accident.”

As for the estate's fraud claim, the appellate division concluded: “Even assuming that defendant's misrepresentations facilitated decedent's presence at defendant's radio station, plaintiff has nonetheless failed to adduce any proof concerning the actual cause of decedent's fall.”