Minami Tamaki LLP Partner Mark Fong and Emergent LLP Partner Seth Rosenberg appeared on the August 22, 2023, episode of The Legal MD Podcast to reveal details behind their successful lawsuit against DJ and producer Skrillex on behalf of their client Jennifer Fraissl.
The Legal MD Podcast host Dr. David Grundy is a renowned medical legal consultant with years of experience in clinical practice and forensic medicine. Together with host Sydney Delaney, Dr. Grundy brings insightful discussions and analysis on the intersection of medicine and law.
A Los Angeles jury on November 20, 2018, awarded Ms. Fraissl $4.5 million in damages against Skrillex (real name Sonny John Moore), his touring company, Lost Boys Touring Company, Inc., and the Belasco Theater in Los Angeles. It was the first successful jury award in a case involving injuries resulting from a performer’s crowd dive.
The San Francisco Trial Lawyers Association named Mark and Seth as one of four finalists for the 2019 Trial Lawyer of the Year award for their work in obtaining compensation for Ms. Fraissl.
From the podcast episode’s show notes:
In this episode, we chat with San Francisco legal giants Seth Rosenberg and Mark Fong, who recently nabbed a colossal $4.5 million victory for Jennifer Fraissl, injured during an EDM concert by the famous artist and Coachella headliner Skrillex (Sonny John Moore). Seth and Mark dissect the intricate details of this five-year legal rollercoaster, shedding light on the complex medical and legal hurdles they navigated. They open up about the defining moments where they pushed back against rival counsel’s claims, expertly neutralized their expert’s testimonies, and painstakingly untangled the knotty threads of this case.
We step into the murky waters of proving medical probability of injury from the defendant with Seth and Mark. They share how they outfoxed the rival expert witnesses, and how their savvy analysis of a crucially relevant Disneyland case tipped the scales in their favor. Unraveling the minute details from video footage, and arguing from the famous 1928 precedent of Palsgraf v. Long Island Railroad, they demolished the argument that since Skrillex had not directly struck Jennifer he was not responsible for her harm.
As we reach the end of this engrossing journey, Seth and Mark lay bare the specifics of the legal battle involving Skrillex. They scrutinize the strategies that worked, the challenges they faced, and the broader implications of stage diving and safety protocols in the entertainment industry.