A security guard hired to work a KISS concert is suing the band over an injury he received in the line of duty on Sept. 1, 2012. The culprit wasn’t an overzealous fan in white facepaint, or even Gene Simmons’s bizarrely prehensile tongue. It was confetti.
The security guard, Timothy Funk, claims that he was working security at the Klipsch Music Center in Noblesville, IN., the county seat of Hamilton County north of Indianapolis. According to Funk, when KISS took to the stage they “foolishly” pelted the stage, the area around the stage, and the crowd with water from several hoses.
Funk’s lawsuit alleges that the water mixed with confetti sprayed by the band “in a foolish and reckless manner,” to create a “slippery, waxy and glassy” surface. Funk was injured when the combination of water and confetti caused him to fall.
The explosive confetti was part of the ban’s traditional closing number routine. Funk claims his accident occurred during the last number. A shaky Youtube video of the concert’s conclusion shows a blinding haze of strobe lights and smoke effects, and sure enough, a veritable biblical locust swarm of confetti.
The lawsuit names the Klipsch Music Center concert venue, tour promoter Live Nation World Wide Inc., and KISS vocalist/bassist Gene Simmons and his company as defendants. Funk is seeking damages for his injuries, loss of wages and other specified damages that occurred as a result of the accident.
“Without knowing the case and all of its particulars, it is hard to see whether or not he has a case or not. Understanding all of the facts and the particular incidents is extremely important in representation,” explains Craig L. Cook, Founder of Law Offices of Craig L Cook.
Funk is represented by Steven C. Smith of Smith Carrillo and Reeder, a law firm based in Anderson, Indiana. The lawsuit was filed with the Superior Court of Hamilton County last month.
The nature of Funk’s injuries was not specified in the lawsuit, and the band has yet to issue a public statement on the incident.