FT WAYNE, Ind.–A lawsuit by Journey guitarist Neil Schon and his wife Michaele against a security company in Ft. Wayne has been thrown out, reports WANE TV. The suit had also named Memorial Coliseum and the concert promoter as defendants.
Rather than coming to court with open arms, the two failed to show up at hearings when required, said the judge in court documents, and the two also refused to participate in the discovery process, resulting in them being found in contempt of court.
When the lights went down in the city back in 2017, and Mrs. Schon stepped to the front of the stage to take photos of the band, she claims she was assaulted by a security guard with ESG Security.
The suit claims Mrs. Schon had mental trauma, was scared, mortified and suffered “the exacerbation of a pre-existing health condition and has suffered a great deal of pain and suffering as well as medical expense as a direct result of the assault and battery”.
In dismissing the suit the judge said in court documents “By their failure to cooperate in the reasonable discovery process, and their twice consecutive failure to obey the Court’s Orders to appear, the Plaintiffs have plainly demonstrated their lack of interest in pursuing litigation”.
Apparently you can’t have it any way you want it once you file court papers.
Memorial Coliseum and Live Nation, the concert promoter, had already been removed from the suit, and the Schon’s attorney had also removed himself from the case when the couple failed to follow his advice and Mrs. Schon did not submit to an independent medical exam.
While the Schons and the court have gone their separate ways, the couple still has an obligation to pay court costs in the case.