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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.”
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