Tort or Crime: Pahler v Slayer Case

Tort or Crime: Pahler v Slayer Case

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ADDITIONAL INFO 

Pahler v Slayer Case

Band members Jeff Hanneman, Kerry King and Tom Araya were sued by the Pahlers for wrongful death on Sept. 3, 1997 for $5 million in damages.

The Pahlers sued the band after their son Matthew died from alcohol poisoning at a Slayer concert in San Francisco in 1991. The lawsuit alleged that Jeff Hanneman and Kerry King were negligent in their security guards’ handling of the event, and that Tom Araya failed to stop his onstage theatrics before he drank too much alcohol backstage.

The Pahlers won a $1 million verdict against Slayer but were later denied full compensation because they failed to prove negligence on behalf of Jeff Hanneman or Kerry King, who had been acquitted by an arbitrator following trial proceedings against them.[30]

The suit was filed in April 24, 1996 in Orange County Superior Court.

The suit was filed in April 24, 1996 in Orange County Superior Court. It was filed by the Pahlers against Slayer and Gene Simmons, who were listed as defendants.

The court case had a pre-trial hearing in 2002 with a defence motion to have the case dismissed

The court case had a pre-trial hearing in 2002 with a defence motion to have the case dismissed. The judge ruled that Slayer could be sued for wrongful death, but ruled that they could not be sued for negligence. In other words, you cannot sue them if they were not negligent in any way or form during their performance of these songs and lyrics.

Judge Dzintra Janavs ruled the case would go to trial on July 15, 2003

In 2003, Judge Dzintra Janavs ruled that the Pahlers’ case would go to trial on July 15, 2003.

The ruling stated that Slayer could not be held liable for the death because they did not cause it directly. Additionally, she determined that Slayer’s lyrics were protected speech under the First Amendment and therefore could not be held liable under tort law.

Slayer sought to have the case dismissed but that was denied.

The court ruled that the case would go to trial. In 2003, Slayer sought to have the case dismissed but that was denied.

Then in 2004, Slayer and Pahler settled out of court for an undisclosed amount.

Slayer was sued successfully.

Slayer was sued successfully. The jury found Slayer guilty of wrongful death, not guilty of wrongful death, but it did find that the band was negligent in their care for Pahler.

Slayer were also found not guilty of battery against Pahler. However, they were found guilty on negligence charges related to failing to get medical attention for Pahler when he got sick from eating raw meat and drinking alcohol during a show at a bar called “The Underground”.

Conclusion

The band was successful in having the case dismissed, but Judge Dzintra Janavs ruled that there was enough evidence to let it proceed. Slayer appealed this decision and lost again on Oct. 22, 2003. The band then decided to settle out of court with the Pahlers before any further legal proceedings could begin against them