9 of 10 wrongful death suits over Astroworld concert crowd surge have been settled, lawyer says

HOUSTON (AP) — Nine of the 10 wrongful death lawsuits filed after a deadly crowd surge at the 2021 Astroworld music festival have been settled, including one that was set to go to trial this week, an attorney said Wednesday.

Jury selection had been set to begin Tuesday in the wrongful death suit filed the family of Madison Dubiski, a 23-year-old Houston resident who was one of 10 people killed during the crowd crush at the Nov. 5, 2021, concert by rap superstar Travis Scott.

But Neal Manne, an attorney for Live Nation, the festival’s promoter and one of those being sued along with Scott, said during a court hearing Wednesday that only one wrongful death lawsuit remained pending and the other nine have been settled, including the one filed by Dubiski’s family.

Noah Wexler, an attorney for Dubiski’s family, confirmed during the court hearing that their case “is resolved in its entirety.”

Terms of the settlements were confidential and attorneys declined to comment after the court hearing because of a gag order in the case.

"Mr. Scott is grateful that a resolution has been reached without the need for a trial,” said Ted Anastasiou, a representative for the rapper. “The confidential agreement will honor Madison Dubiski’s legacy and promote improvements for concert safety.”

After Dubiski's death, her family started a foundation called Pink Bows that's focused on improving safety at outdoor concerts and similar events.

The one wrongful death lawsuit still pending was filed by the family of 9-year-old Ezra Blount, the youngest person killed during the concert. Attorneys in the litigation were set to meet next week to discuss when the lawsuit filed by Blount’s family could be scheduled for trial.

“This case is ready for trial,” Scott West, an attorney for Blount’s family, said in court.

But Manne said he and the lawyers for other defendants being sued were not ready.

State District Judge Kristen Hawkins said she planned to discuss the Blount case at next week’s hearing along with potential trials related to the injury cases filed after the deadly concert.

Hawkins said that if the Blount family's lawsuit is not settled, she is inclined to schedule that as the next trial instead of an injury case.

More than 4,000 plaintiffs filed hundreds of lawsuits after the concert. Manne said about 2,400 injury cases remain pending.

The announcement that nearly all of the wrongful death lawsuits have been settled came after the trial in Dubiski’s case was put on hold last week. Apple Inc., which livestreamed Scott’s concert and was one of the more than 20 defendants being sued by Dubiski’s family, had appealed a court ruling that denied its request to be dismissed from the case. An appeals court granted Apple a stay in the case.

In the days after the trial stay, attorneys for Dubiski’s family settled their lawsuit with all the defendants in the case, including Apple, Scott and Live Nation, the world’s largest live entertainment company.

At least four wrongful death lawsuits had previously been settled and announced in court records. But Wednesday was the first time that lawyers in the litigation had given an update that nine of the 10 wrongful death lawsuits had been resolved.

Lawyers for Dubiski’s family as well as attorneys representing the various other plaintiffs have alleged in court filings that the deaths and hundreds of injuries at the concert were caused by negligent planning and a lack of concern over capacity and safety at the event.

Those killed ranged in age from 9 to 27. They died from compression asphyxia, which an expert likened to being crushed by a car.

“As the youngest victim, Ezra’s terror must have been unimaginable as the crowd surge ripped him from the safety of his father’s shoulders and then crushed and suffocated the life out of his small body,” Bob Hilliard, an attorney for Blount's family, said in a statement following Wednesday's hearing.

Scott, Live Nation and the others who’ve been sued have denied these claims, saying safety was their No. 1 concern. They said what happened could not have been foreseen.

After a police investigation, a grand jury last year declined to indict Scott, along with five others connected to the festival.

Follow Juan A. Lozano: https://twitter.com/juanlozano70

FILE - The Astroworld main stage where a surging crowd killed several people, sits full of debris from the concert, in a parking lot at NRG Center on Nov. 8, 2021, in Houston. Nine of the 10 wrongful death lawsuits filed after the deadly crowd surge have been settled, including one that was set to go to trial this week, an attorney said Wednesday, May 8, 2024. (Mark Mulligan/Houston Chronicle via AP, File)

FILE - Visitors cast shadows at a memorial to the victims of the Astroworld concert in Houston on Nov. 7, 2021. Nine of the 10 wrongful death lawsuits filed after deadly crowd surge at the 2021 Astroworld festival have been settled, including one that was set to go to trial this week, an attorney said Wednesday, May 8, 2024. (AP Photo/Robert Bumsted, File)

FILE - The crowd watches as Travis Scott performs at Astroworld Festival at NRG park on Friday, Nov. 5, 2021, in Houston. A judge has declined to dismiss hundreds of lawsuits filed against rap star Scott over his role in the deadly 2021 Astroworld festival in which 10 people were killed in a crowd surge. State District Judge Kristen Hawkins issued a one-page order made public Wednesday, April 24, 2024, denying Scott’s request to be dropped from the case. (Jamaal Ellis//Houston Chronicle via AP, File)

9 of 10 wrongful death suits over deadly Astroworld crowd surge have been settled, lawyer says

FILE - Travis Scott performs at the Astroworld Music Festival in Houston, Nov. 5, 2021. The start of the first civil trial stemming from the 2021 Astroworld festival, at which 10 people were killed in a crowd surge, has been delayed. Jury selection had been set to begin Tuesday, May 7, 2024, in the wrongful-death lawsuit filed the family of Madison Dubiski, a 23-year-old Houston resident who was killed during the crowd crush at Scott's November 2021 concert. (Photo by Amy Harris/Invision/AP, File)

9 of 10 wrongful death suits over deadly Astroworld crowd surge have been settled, lawyer says

MIAMI (AP) — Harrison Bader and Tyrone Taylor each drove in two runs in a four-run first inning, star closer Edwin Díaz was not used in a save situation and the New York Mets beat the Miami Marlins 7-3 on Sunday for just their second win in seven games.

Brandon Nimmo homered and Francisco Lindor singled twice following a 1-for-27 skid as the Mets rebounded from blowing a four-run, ninth-inning lead on Saturday and avoided a three-game sweep. New York stopped Miami’s four-game winning streak.

“You’re not defined by what you do the day before. You’re defined by how you get up from adversity,” Lindor said. “We wanted this one for sure. I think it’s important to win after a tough loss like that.”

Sean Manaea (3-1) allowed two runs and five hits in five innings. Sean Reid-Foley and Jake Diekman pitched an inning each, and Reed Garrett got his second save by allowing one hit over two innings with four strikeouts in a 34-pitch outing.

Díaz has a 10.80 ERA over his last eight appearances after serving up four homers in 8 1/3 innings. He has blown three of his last four save chances.

“We all believe in him. We all know he’s going to be back,” Garrett said. “Whenever my name’s called, I’ll pitch, but I know as a collective unit we all believe in Edwin and we know what he can do.”

New York (21-25) had dropped five games under .500 on Saturday for the first time since an 0-5 start.

“Not an easy weekend, not the way we expected, but we just have to continue to move forward,” Mets manager Carlos Mendoza said. “Today was a huge win for us.”

With New York ahead 4-3, Nimmo hit a two-run homer off Anthony Bender in a three-run ninth that included Brett Baty’s RBI single.

“I was just looking for a good pitch in the middle of the plate to drive,” Nimmo said. “I was able to hit that ball — good launch angle — and hit it hard. Found its way out of the ballpark.”

Nimmo returned to the lineup Saturday after missing two games because of a stomach illness.

“I’m coming around,” Nimmo said. “It’s been a little bit of a journey the last three days to get over the sickness. Right now, I’m just trying to get some appetite back. I’m definitely not at 100%. Just trying to battle through it and glad that I was able to help out there at the end and solidify the win.”

Dane Myers hit a two-run homer in the second, and Christian Bethancourt had a solo drive in the seventh against DIekman.

Sixto Sánchez (0-2) allowed four runs and six hits in four innings. He gave up Taylor’s two-out double in the first and Bader’s single.

“He was obviously better second through the fourth inning but he put us in a hole early,” Marlins manager Skip Schumaker said. “At this level it’s hard to come back from four runs every single time. He’s not giving his teammates a chance to win.”

Miami recalled right-handed reliever Emmanuel Ramirez from Jacksonville and optioned right-handed reliever Anthony Maldonado to the Triple-A farm team.

TRAINER’S ROOM

Mets: DH J.D. Martinez (flu symptoms) didn’t play but was available to pinch hit. Mendoza said Martinez played through the illness the prior two days.

Marlins: INF Tim Anderson (lower back tightness) homered and had three singles in five at-bats during a rehab game with Jacksonville on Saturday, then went 0 for 4 with a walk on Sunday.

UP NEXT

Mets: RHP Tylor Megill (0-1, 2.25) will start the opener of a three-game series at Cleveland on Monday. RHP Ben Lively (2-2, 3.06) will start for the Guardians.

Marlins: LHP Ryan Weathers (2-4, 3.81) is scheduled to start the opener of a three-game home series against Milwaukee on Monday. The Brewers will go with RHP Joe Ross (2-4, 4.61).

AP MLB: https://apnews.com/hub/mlb

New York Mets' Sean Manaea delivers a pitch during the first inning of a baseball game against the Miami Marlins, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)

New York Mets' Brandon Nimmo (9) and Francisco Lindor (12) congratulate each other after they scored on a double by Tyrone Taylor, during the first inning of a baseball game against the Miami Marlins Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)

New York Mets center fielder Harrison Bader is unable to catch a ball hit by Miami Marlins' Josh Bell for a double, during the first inning of a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)

Miami Marlins third base Emmanuel Rivera, right, tags out New York Mets' Harrison Bader as he slides into third base during the fourth inning of a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)

New York Mets center fielder Harrison Bader (44) catches a ball hit by Miami Marlins' Josh Bell as both he and left fielder Tyrone Taylor (15) vie for the ball during the fifth inning of a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)

New York Mets relief pitcher Reed Garrett, right, and catcher Omar Narvaez celebrate after the Mets beat the Miami Marlins 7-3, during a baseball game, Sunday, May 19, 2024, in Miami. (AP Photo/Wilfredo Lee)