Third lawsuit filed against All Good Music Festival

By Jessica M. Karmasek | Oct 18, 2011

CLARKSBURG -- A third lawsuit has been filed in federal court against the All Good Music Festival, its owners, organizers, hosts and traffic and security providers for the event.

Elizabeth Rose Doran, a friend of the South Carolina woman killed at this year's festival, filed her own lawsuit Oct. 11 in the U.S. District Court for the Northern District of West Virginia.

The named defendants include: Walter Productions Inc. d/b/a All Good Presents; president and owner Tim Walther; promoter Junipa Contento; Marvin Huggins, an owner of property in which the festival is held; his company Marvin's Mountaintop LLC; James Carrico, another owner of property in which the festival is held; M & M Parking Inc. aka M & M Event Services LLC, which provided parking services for the festival; and security providers Event Staffing Inc., National Event Services and Axis Security Inc.

Doran also is suing Virginia resident Clay Harlin Lewin, whose pickup truck plowed into friend Nicole Miller's tent, killing her.

Doran is suing the defendants, including Lewin, for negligence.

Miller's father, Kim, and friend Yen Ton filed separate lawsuits against the defendants last month.

Each year, since 2003, the for-profit All Good Music Festival is held at Marvin's Mountaintop in Masontown, Preston County. This year's festival was held July 14-17.

According to the plaintiffs' complaints, Miller and her two friends were directed to set up their tent at the bottom of a steep, grass-covered hill at the festival. Meanwhile, Lewin was told to park his pickup at the top of hill.

At some point, his truck slipped down the hill, hitting two other cars before crashing into Miller's tent. Miller and her friends were asleep at the time. All three were trapped.

Lewin's vehicle landed on Miller's chest, making it impossible for her to breathe.

According to the plaintiffs' complaints, although Miller was initially conscious, she "slowly and painfully asphyxiated" due to the weight and compression of the pickup.

Like Ton, Doran says she had to "wait helplessly pinned down" as her friend, Miller, died before her eyes.

As a result of the defendants' negligence and the resulting wreck, Doran says she has suffered "serious" physical and emotional injuries, and has incurred "significant" economic damages.

Like Miller's father and Ton, Doran argues that the defendants failed to provide a plan for traffic control and failed to comply with West Virginia code regulating campsite density and roadways.

The defendants, she says, should have been aware of "the hazards and foreseeable dangers" presented by having attendees park their vehicles in close proximity to tents on such steep, grass-covered slopes and rugged terrain.

Doran is seeking actual and punitive damages against the defendants, jointly and severally, and attorney costs.

She is represented by Douglas A. Spencer and C. Michael Bee of Charleston law firm Hill, Peterson, Carper, Bee & Deitzler PLLC.

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