Entertainer Not Liable for Injured Security Guard

The Superior Court of New Jersey, Appellate Division, reinstated a jury verdict that dismissed a complaint against an entertainer who shoved a security guard, injured as a result, during a performance at the Trump Taj Mahal Casino in Atlantic City. Degenhardt v. Kirkorov, A-1075-09T1. While moving through the aisles during his show, Russian musical artist Philipp Kirkorov shoved security guard Thomas Rogers, who was trying to keep audience members away from Kirkorov. Rogers fell, hit his head, lost consciousness and sustained other personal injuries. After Rogers sued, the jury absolved Kirkorov of assault and battery and found that Rogers was more negligent for his injuries than was Kirkorov. The trial judge granted Rogers' motion for a new trial.

The appellate court noted, however: “Kirkorov testified that he did not purposely push Rogers, but rather that he came into contact with an obstacle in his path that he brushed away. Kirkorov also said that his path of travel is reviewed with security staff prior to the performance to ensure that they do not block the aisles. Kirkorov explained during his testimony that a predetermined path is necessary because his vision is impaired by the lighting during his performance and the focus of his attention is his audience.”

The court continued: “This testimony could readily lead a jury to conclude that Kirkorov did not intentionally shove Rogers. ' [T]he jury could rationally have found Rogers' conduct to be more negligent than Kirkorov's because Rogers was supposed to be paying close attention to what was occurring in the theater, including Kirkorov's whereabouts, and was not doing so.”

The Superior Court of New Jersey, Appellate Division, reinstated a jury verdict that dismissed a complaint against an entertainer who shoved a security guard, injured as a result, during a performance at the Trump Taj Mahal Casino in Atlantic City. Degenhardt v. Kirkorov, A-1075-09T1. While moving through the aisles during his show, Russian musical artist Philipp Kirkorov shoved security guard Thomas Rogers, who was trying to keep audience members away from Kirkorov. Rogers fell, hit his head, lost consciousness and sustained other personal injuries. After Rogers sued, the jury absolved Kirkorov of assault and battery and found that Rogers was more negligent for his injuries than was Kirkorov. The trial judge granted Rogers' motion for a new trial.

The appellate court noted, however: “Kirkorov testified that he did not purposely push Rogers, but rather that he came into contact with an obstacle in his path that he brushed away. Kirkorov also said that his path of travel is reviewed with security staff prior to the performance to ensure that they do not block the aisles. Kirkorov explained during his testimony that a predetermined path is necessary because his vision is impaired by the lighting during his performance and the focus of his attention is his audience.”

The court continued: “This testimony could readily lead a jury to conclude that Kirkorov did not intentionally shove Rogers. ' [T]he jury could rationally have found Rogers' conduct to be more negligent than Kirkorov's because Rogers was supposed to be paying close attention to what was occurring in the theater, including Kirkorov's whereabouts, and was not doing so.”