CLAYTON, Mo. (CN) - Flying debris from a cannon at a Kiss concert injured a brain cancer patient, the man claims in court.
William Mueller Jr. sued Live Nation and others, in St. Louis County Circuit Court.
Mueller says he attended the Kiss concert at Verizon Wireless Amphitheater on Aug. 27, 2012 when the cannon went off during the band's final song.
He claims he was standing at his assigned seat when the cannon "exploded and with great force launched a metal ratchet tie-down strap" that hit him.
"(P)rior to this incident plaintiff had been diagnosed with a rare brain cancer (Esthesioneuroblastoma) and had experienced major surgeries and intense radiation therapy," he says in the complaint. "At the time of his injury, plaintiff's body was in a weakened and vulnerable condition.
"Defendants owed to plaintiff the duty to exercise the highest degree of care for his safety. Defendants actions, conduct, or omissions were negligent, negligent per se, or both and were not those of a reasonably prudent person."
Mueller claims he suffered injuries to his groin and upper thigh and suffered pain, mental distress and temporary loss of consortium.
He seeks actual and punitive damages for negligence.
He is represented by David Diamond of St. Peters, Mo.
Kiss is not a party to the complaint. The defendants are Contemporary Group Acquisition, Live Nation Worldwide, Live Nation Entertainment, All Access Staging & Productions and Live Nation general manager Leslie Ramsey.