Wednesday, October 22, 2014

Ketchum to pay for MASSV lawsuit

Security guard injured during music event on Main Street


By AMY BUSEK
Express Staff Writer

    The city of Ketchum will pay to defend MASSV, a concert promoter, in a lawsuit filed by former Blaine County Sheriff’s Detective Corey Weatherly alleging gross negligence on the part of MASSV and other entities involved in an accident during the 2012 MASSV festival.  
    Weatherly was injured when a 20-year-old Hailey man allegedly climbed upon a Main Street building and then fell off, landing on Weatherly, who was working security for the festival. Weatherly sustained a broken neck and never completely recovered from his injuries, the Blaine County Sheriff’s Office reported in March of this year.
    Weatherly and his wife, Real, filed the lawsuit May 15 seeking damages in excess of $10,000 for Weatherly’s injuries, for which he claims permanent disability.
    Ketchum was one of the concert’s sponsors and agreed to provide insurance to cover the promoter. However, MASSV’s insurance expired at midnight, city attorney Paul Fitzer said at the Monday meeting, and the incident happened at 2 a.m.
    The 2012 MASSV festival occurred on July 24 at the Simplot lot in Ketchum, followed by a street party on Main Street between Sun Valley Road and Second Street.
    Ketchum’s insurance company ICRMP will defend the city, but not MASSV, an Oct. 16 news release stated. The council decided in executive session to provide funding to pay for MASSV’s liability due to a prior city agreement with the promoter.
    Ketchum will make an initial payment of $22,500 and is committed to pay up to $17,500 in future legal fees, the news release states. This was unanimously approved by the council Monday, Oct. 20, during regular session.
    MASSV would likely sue the city if it didn’t agree to help, the release said.
     “Although not ideal, this action reduces future costs to the city in the long run,” said City Administrator Suzanne Frick.
    Council President Michael David called the lawsuit “frivolous” but echoed other council members in saying that they had to honor the previous council’s agreement with MASSV.    
Amy Busek: abusek@mtexpress.com




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