U.S. District Judge Janet C. Hall denied Live Nation Worldwide, Inc.’s motion on Monday, ruling that genuine disputes of material fact exist regarding whether the venue operator breached its duty of care when Gary Stanhope was assaulted during a July 2022 Luke Bryan concert at the Xfinity Theatre in Hartford.
Stanhope sued Live Nation, which operates the venue, alleging negligent failure to provide adequate security. Live Nation argued it fulfilled its duty by hiring 116 security personnel, retaining 16 uniformed Hartford Police officers, and adhering to National Fire Protection Association crowd management standards. The company also contended the assault was a superseding criminal act severing liability.
Hall rejected Live Nation’s argument that expert testimony was required to establish the standard of care, noting the facts—specifically a prolonged altercation with multiple witnesses—were within the ordinary knowledge of a jury.
"A reasonable jury does not need to be a physical security expert to determine whether the Live Nation breached its duty and security should have responded to a prolonged assault in a high traffic area," Hall wrote.
The judge found that witness testimony created factual disputes regarding the adequacy of security response. Mark Pennell, the only eyewitness to the assault, testified that he saw a man throwing a woman around for two to three minutes with no security present nearby. Other witnesses provided additional context: Steve Gazda testified it "took a minute or two" for someone to approach Stanhope after he was on the ground, and Traci Hershman testified to a "rowdy crowd" and delayed responses from emergency medical technicians.
Hall noted a reasonable juror could credit this testimony to find that Live Nation breached its duty of care.
Live Nation also argued that the unknown assailant’s intentional criminal conduct barred recovery under the superseding cause doctrine. Hall cited Connecticut precedent establishing that a defendant may be liable if the harm was within the scope of the risk created by the defendant’s conduct or reasonably anticipated given a duty to protect.
"The law is clear on a defendant’s responsibility," Hall wrote, quoting Doe v. Saint Francis Hosp. & Med. Ctr. "When a defendant's conduct creates or increases the risk of a particular harm and is a substantial factor in causing that harm... the fact that the harm is brought about of a third party does not relieve the defendant of liability."
Stanhope, who had a blood alcohol level of 0.187 following the concert, did not recall the incident itself. His wife and friends were present but did not witness the initial strike.
The case will now proceed to trial on the negligence claim.
Hall, a George W. Bush appointee, issued the ruling in the District of Connecticut.