Ross v. Buckley - Ross's Complaint

5:17-cv-13474-JCO-SDD Doc # 1 Filed 10/25/17 Pg 1 of 8 Pg ID 1
U.S. DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TONYA ROSS,
Plaintiff,
Case No.:
vs. Honorable
JORDAN BUCKLEY and

E.T.I.D. LLC d/b/a EVERY TIME I DIE
Defendants.
______________________________________________________________________________
JONATHAN R. MARKO (P72450)

TYLER JOSEPH (P80934)
Attorneys for Plaintiff
Marko Law, PLC
645 Griswold Street, Suite 4100
Detroit, Michigan 48226
Phone: (313) 965-5555
Fax: (313) 965-5556
jon@ernstmarkolaw.com
______________________________________________________________________________
COMPLAINT AND JURY REQUEST
NOW COMES the above named Plaintiff, by and through her attorneys, Marko
Law, PLC, and for her Complaint against the above-named Defendant, states as
follows:
INTRODUCTION
Jordan Buckley is the guitarist for a well known punk rock metal band called
Every Time I Die, whose members performed at the Crofoot in Pontiac on August 13,
2017. Tonya Ross purchased a ticket for her daughter and herself for what she
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thought would be a fun-filled evening for her and her daughter. Ms. Ross life was
forever changed when she suffered a catastrophic injury when Jordan Buckley leapt
from the stage and landed squarely on Ms. Ross. The force was so great that she
suffered a brain injury and continues to endure pain and suffering to this day.
JURISDICTION AND PARTIES
1. Plaintiff Tonya Ross is a resident of Saline, Michigan.
2. Defendant Jordan Buckley, upon information and belief, is a resident of Cave
Creek, Arizona.
3. Defendant E.T.I.D. LLC d/b/a the band otherwise known as Every Time I
Die (ETID) is a New York entity with no registered agent listed. (Exhibit A, NYS
Department of State Entity Information).
4. Defendant engages and has engaged in business activities in the State of
Michigan.
5. This action arises out of events occurring within the City of Pontiac, County
of Oakland, State of Michigan.
6. This court has jurisdiction based on the diversity of the parties pursuant to 28
U.S.C. 1332.
7. Venue is proper in this court pursuant to MCL 600.1629, et seq. because the
Defendants do business in Oakland County.
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8. This Court has jurisdiction as a result of the damages sustained by the Plaintiff
and the amount in controversy in this case is well in excess of this Courts
jurisdictional limit.
FACTS
9. On August 13, 2017, Plaintiff attended a concert in Pontiac, Michigan with her
daughter where Defendants were an opening act for the band known as Taking Back
Sunday.
10. Defendant ETID took the stage with its principal members, including
Defendant Jordan Buckley.
11. At some point during the performance, Defendant Buckley leapt from the stage
and into the audience.
12. When Defendant Buckley leapt from the stage he landed on Plaintiff Ross
upper portion of her body, including a large portion of her neck and head.
13. When Plaintiff sought medical treatment the next day with her primary care
provider for pain, she was informed that she had a fractured neck and that she had
suffered a concussion.
14. As a direct and proximate result of Defendants negligence as described above,
Plaintiff has suffered and will continue to suffer damages, including but not limited
3
to:
a. Dizziness;
b. Blurred vision ;
c. Pain and suffering;
d. Physical pain and suffering and emotional trauma and suffering;
e. Medical costs;
f. Loss of wages and/or earning capacity;
g. Denial of social pleasure and enjoyment;
h. Future damages;
i. Any and all other damages that become known the course of discovery
in this matter.
COUNT I
NEGLIGENCE/GROSS NEGLIGENCE
15. Plaintiff hereby restates and re-alleges all of the aforementioned allegations
contained in the foregoing paragraphs as if fully set forth herein.
16. Defendant Jordan Buckley breached his duty to Plaintiff in at least one or more
of the following ways, so far as it is presently known:
a. Failed to warn audience members of his intent to jump into the audience;
b. Allowed and participated in crowd surfing and stage jumping into the
4
audience when Defendant knew, or in the exercise of reasonable care,
should have known that jumping into a large crowd of people created an
unreasonable risk bodily harm to members of the audience;
17. As a direct and proximate result of the negligence of the above named
defendants set forth above Plaintiff suffered injuries and damages.
WHEREFORE, Plaintiff respectfully requests this Honorable Court grant
judgment in favor of Plaintiff and against Defendants in an amount the Court or jury
deems just and fair, plus interest, costs and attorney fees.
COUNT II
ASSAULT
19. Plaintiff was a member of the audience during Defendant ETIDs performance.
20. While among other audience members during the performance, Defendant
Buckley jumped into the audience from the stage.
21. Defendant Buckley knowingly intended to cause an imminent apprehension of
a harmful or offensive contact with audience members by jumping from the stage.
22. Defendants caused an imminent fear of apprehension in Plaintiff when he
jumped from the stage.
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23. As a direct and proximate result of the assault by Defendant Buckley, an
apprehension did occur, and as a result Plaintiff suffered injuries and damages.
COUNT III
BATTERY
25. Defendant Buckley knowingly intended to cause a harmful or offensive contact
with audience members by jumping from the stage into the audience.
26. Defendant caused a harmful and offensive contact with Plaintiff when he
jumped off the stage and into the audience.
27. As a direct and proximate result of the battery by Defendant Buckley, Plaintiff
suffered injuries and damages.
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By: /s/ Jonathan R. Marko

Jonathan R. Marko (P72450)
Tyler Joseph (P80934)
MARKO LAW, PLC
Phone: (313) 965-5555;
Fax: (313) 965-5556
Dated: October 25, 2017
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REQUEST FOR JURY TRIAL
Plaintiff, by and through her attorneys, MARKO LAW, hereby request a
trial by jury in the above-captioned matter.
MARKO LAW, PLC
By: /s/ Jonathan R. Marko

Jonathan R. Marko (P72450)
Tyler Joseph (P80934)
MARKO LAW, PLC
Phone: (313) 965-5555;
Fax: (313) 965-5556
Dated: October 25, 2017
CERTIFICATE OF SERVICE
I hereby certify that on October 25, 2017 I presented the foregoing paper to the Clerk
of the Court for filing and uploading to the ECF system which will send notification
of such filing to the above listed attorneys of record and by certified mail to the above
named Defendants.
/s/ Katie L. Williams
Katie Williams

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5:17-cv-13474-JCO-SDD Doc # 1 Filed 10/25/17 Pg 1 of 8 Pg ID 1

U.S. DISTRICT COURT

JORDAN BUCKLEY and

JONATHAN R. MARKO (P72450)

COMPLAINT AND JURY REQUEST

JURISDICTION AND PARTIES

1. Plaintiff Tonya Ross is a resident of Saline, Michigan.

2. Defendant Jordan Buckley, upon information and belief, is a resident of Cave

Department of State Entity Information).

4. Defendant engages and has engaged in business activities in the State of

of Oakland, State of Michigan.

Defendants do business in Oakland County.

Defendant Jordan Buckley.

and into the audience.

14. As a direct and proximate result of Defendants negligence as described above,

c. Pain and suffering;

d. Physical pain and suffering and emotional trauma and suffering;

f. Loss of wages and/or earning capacity;

g. Denial of social pleasure and enjoyment;

contained in the foregoing paragraphs as if fully set forth herein.

of the following ways, so far as it is presently known:

audience when Defendant knew, or in the exercise of reasonable care,

unreasonable risk bodily harm to members of the audience;

defendants set forth above Plaintiff suffered injuries and damages.

WHEREFORE, Plaintiff respectfully requests this Honorable Court grant

contained in the foregoing paragraphs as if fully set forth herein.

Buckley jumped into the audience from the stage.

21. Defendant Buckley knowingly intended to cause an imminent apprehension of

22. Defendants caused an imminent fear of apprehension in Plaintiff when he

jumped from the stage.

23. As a direct and proximate result of the assault by Defendant Buckley, an

WHEREFORE, Plaintiff respectfully requests this Honorable Court grant

contained in the foregoing paragraphs as if fully set forth herein.

25. Defendant Buckley knowingly intended to cause a harmful or offensive contact

jumped off the stage and into the audience.

suffered injuries and damages.

WHEREFORE, Plaintiff respectfully requests this Honorable Court grant

By: /s/ Jonathan R. Marko

REQUEST FOR JURY TRIAL

Plaintiff, by and through her attorneys, MARKO LAW, hereby request a

trial by jury in the above-captioned matter.

MARKO LAW, PLC

By: /s/ Jonathan R. Marko

Dated: October 25, 2017

/s/ Katie L. Williams

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