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D'Alessio v. Starland Ballroom

Superior Court of New Jersey, Appellate Division

September 17, 2013

MARK D'ALESSIO, Plaintiff-Appellant,
v.
STARLAND BALLROOM, ANSCHUTZ ENTERTAINMENT GROUP, AEG LIVE NJ, LLC and STRIKE FORCE PROTECTIVE SERVICES, INC., Defendants-Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 13, 2013

On appeal from Superior Court of New Jersey, Law Division, Somerset County, Docket No. L-715-10.

Matthew P. Pietrowski argued the cause for appellant (Levinson Axelrod, P.A., attorneys; Tara L. Johnson, on the brief).

Christopher E. Martin argued the cause for respondent Anschutz Entertainment Group (Morrison Mahoney, L.L.P., attorneys; Mr. Martin, of counsel and on the brief; Emily C. Kidder, on the brief).

John M. Tuntevski argued the cause for respondent Strike Force Protective Services, Inc. (Chasan Leyner & Lamparello, PC, attorneys; Mitchell L. Pascual, on the brief).

Before Judges Graves and Ashrafi.

PER CURIAM

In this personal injury action, plaintiff Mark D'Alessio appeals from two orders dated August 24, 2012, granting summary judgment in favor of defendants AEG Live NJ, LLC (AEG) and Strike Force Protective Services, Inc. (Strike Force) and dismissing his complaint. After reviewing the record in light of the contentions advanced on appeal, we affirm.

The Starland Ballroom, located in Sayreville, New Jersey, is owned and operated by AEG, which hired Strike Force to provide security services. On October 3, 2009, plaintiff and his nephew, James D'Alessio, [1] attended a concert by the musical group Seether at Starland Ballroom. Plaintiff alleged he suffered injuries due to defendants' negligence. Specifically, plaintiff testified at his deposition that near the end of the concert, the crowd started "pushing." He described the incident as follows:

Q. And you felt comfortable prior to your accident where you were, correct?
A. Yeah.
Q. Okay. And then what happened?
A. People started pushing.
Q. From the time that the people started pushing, did you eventually fall after that?
A. Yeah, they pushed. It resulted in a fall.
Q. Okay. How much time occurred between the time when you felt people push to the time that you said you had your fall?
A. Seconds.
Q. When you fell, what part of your body did ...

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