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Man sues MSU for mosh pit injury

By KELLYN BROWN, Chronicle Staff Writer

A Bozeman man is suing Montana State University for a concussion he got while in a mosh pit at a 1999 concert.


 Jacob Kirschenbaum appeared Tuesday in District Court for the first day of his jury trial. He is asking for an unspecified amount in damages.

The lawsuit alleges that the Associated Students of Montana State University "ignored the warnings and safety precautions and allowed a mosh pit to form, recognizing the danger of serious bodily injury or death posed to concertgoers," according to court papers.

The case stems from a 1999 punk rock show at the Shroyer Gym, where the band "Less Than Jake" was headlining. During the concert, Kirschenbaum was inadvertently knocked into a mosh pit, suffered a concussion and was transported to the Intensive Care Unit at Bozeman Deaconess Hospital, his attorney, Geoffrey Angel, said.

In his opening arguments, Angel blamed the injuries on security at the concert, describing the atmosphere as "complete chaos" and "total mayhem."

The university's attorney disagreed.

"It was well planned for," said MSU's attorney Ann Brodsky. "It was well staffed. It was well (run)."

Brodsky said Kirschenbaum's injuries, which she described as small bruises, were his responsibility.

"Anyone attending the concert could see where the mosh pit was," Brodsky said. "Anyone who wanted to avoid the mosh pit could do so."

Director of sports facilities at MSU, Melanie Stocks, coordinated part of the security at the concert, which drew about 1,000 spectators.

Stocks testified that student security and volunteer staff were on the floor of the gym throughout the show, but acknowledged none of her employees were actually in the pit.

"I did not see the mosh pit get out of control," Stocks said.

But Angel alleged that during the evening beer was thrown at the band, and at one point, "Less Than Jake" threatened to stop playing if the concertgoers wouldn't control themselves.

It court papers, he also described the severity of Kirschenbaum's injuries, saying he "urinated blood and felt lethargic for several months."

The trial, which is scheduled for three days, continues Wednesday.

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