K.G. v. Owl City, 31-7-7823; 2018 U.S. Dist. LEXIS 214250; 2018 WL 6705679, Dec. 20, 2018

“I’m with the band” claim fails: members of music band not vicariously liable for alleged assault by guitar player.

The guitarist pled guilty to lewdness observed by a child. The plaintiff’s complaint against the band did not allege that any other defendants had knowledge of the guitar player’s conduct, including video chatting and an alleged assault on a beach. The allegation was that the band encouraged a culture of “sexual deviance” by inviting minor fans backstage after concerts. As the plaintiff never alleged that the defendants witnessed or were involved in the guitarist’s actions, and said actions of video chatting were outside the scope of his band duties, the claims against the band were dismissed. 


Case Law Alerts, 4th Quarter, October 2019

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