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Rock Band Faces Another Lawsuit For Alleged Dumping Plaintiffs Claim Band's Driver (Dave Matthews)
NBC 5 Chicago ^ | December 20, 2004 | NBC 5 Chicago

Posted on 12/20/2004 8:05:51 PM PST by Land_of_Lincoln_John

CHICAGO -- Another personal injury lawsuit was filed Monday against the Dave Matthews Band connected to an incident last summer where a tour bus believed to belong to the band dumped human waste onto a boat of architectural sightseers.

The latest lawsuit was filed in Cook County Circuit Court by attorneys for Michael Scarpelli, Denise Scarpelli, Anthony Scarpelli, Lisa Panaro, and Larry Panaro, against the Dave Matthews Band and the alleged driver of the bus, Stefan A. Wohl.

The suit claimed that at about 1 p.m. on Aug. 8, Wohl was driving a Dave Matthews Band bus to a hotel to pick up a member of the band and drove over the Kinzie Street Bridge over the Chicago River 18 minutes later.

The driver of the bus was accused in the suit of dumping 80 to 100 gallons of human waste over the bridge by hitting a toggle switch and emptying a holding tank.

All five plaintiffs were on the architectural sightseeing boat at the time and were drenched with the waste dumped from the bus, according to the lawsuit.

The suit claimed that the plaintiffs suffered physical and mental pain and "nausea or vomiting and other physical or mental ailments."

The suit accused Wohl of negligently operating the bus, not yielding caution, not warning of danger before dumping human waste, discharging human waste onto the plaintiffs, and contaminating the environment. The lawsuit seeks unspecified damages in excess of $50,000. The plaintiffs were represented by attorney Edward R. Theobald.

Another lawsuit was filed on Nov. 24 by another person who said she was on the boat. Nancy M. Todor filed the suit against the band and Wohl, claiming that when the waste was discharged, it entered her "eyes and mouth and covered her hair and her clothing and other personal belongings, all of which were soaked with the liquid human waste."

That suit also seeks unspecified damages.

A suit with similar claims was also filed by the Illinois attorney general's office against the band and Wohl on Aug. 24. That suit charged both the band and Wohl with violating state water pollution laws, as well as common law public nuisance laws.

Court dates for all of the suits were not available Monday.

The incident also sparked a police investigation, but so far no criminal charges.

In October, the band donated $50,000 to Friends of the Chicago River and $50,000 to the Chicago Park District, as they continued to deny the accusations.

No one from the band could be found for comment Monday, but a statement saying the band was still investigating was released Oct. 22.

"We are not comfortable with the time it is taking us, and we have decided to take action now even though it may turn out the incident was not caused by one of our buses. We simply want to begin the healing process," according to the October statement, which was posted on the band's Web site.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; Politics/Elections; US: Illinois
KEYWORDS: biohazard; brownshitsforkerry; crime; davemattewsband; davematthews; dmb; dummycrap; ecoli; fecalmatter; humanwaste; illegaldumping; itsabirditsaplane; moveon; moveonorg; toxicwaste; voteforchange
One of the MoveOn.org's "Vote for Change" acts.
1 posted on 12/20/2004 8:05:52 PM PST by Land_of_Lincoln_John
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To: Land_of_Lincoln_John
One of the MoveOn.org's "Vote for Change" acts.

If it weren't, you know who would be on the case:

Michael M. Bates: My Side of the Swamp

2 posted on 12/20/2004 8:07:47 PM PST by Mike Bates (If you've been very, very good, Santa may give you. . . .)
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To: Land_of_Lincoln_John

"Send lawyers, guns and money....

The sh*t has hit the fan!!"


thanks, Warren.


3 posted on 12/20/2004 8:10:53 PM PST by ButThreeLeftsDo
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To: 537cant be wrong; Aeronaut; bassmaner; Bella_Bru; cgk; ChadGore; Cutterjohnmhb; Churchjack; ...
CRAP ROCK ping...

Rock and Roll PING! email Weegee to get on/off this list (or grab it yourself to PING the rest)

4 posted on 12/20/2004 8:13:08 PM PST by weegee (WE FOUGHT ZOGBYISM November 2, 2004 - 60 Million Voters versus 60 Minutes - BUSH WINS!!!)
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To: Land_of_Lincoln_John

You just can't make this stuff up


5 posted on 12/20/2004 8:16:40 PM PST by frithguild (Withdraw from the 1967 Treaty on the Exploration an Use of Outer Space - Establish Private Property)
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To: Land_of_Lincoln_John

Yeah, but it's DAVE MATTHEWS poo. And we know his sh** don't stink.

APf


6 posted on 12/20/2004 8:20:29 PM PST by APFel (Humanity has a poor track record of predicting its own future.)
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To: APFel

What these folks should have done is bottle up some of the "drek" and sold it on Ebay.


7 posted on 12/20/2004 8:25:42 PM PST by bikepacker67 ("This is the best election night in history." -- DNC chairman Terry McAuliffe 11/2/04 8pm)
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To: Land_of_Lincoln_John

> The driver of the bus was accused in the suit of dumping
> 80 to 100 gallons of human waste over the bridge by
> hitting a toggle switch and emptying a holding tank.

Entirely absent from these reports are some key details
about motive and opportunity.

Is it contended that the dump was deliberate?

If so, why? Is the bridge in question equipped with an
open grid deck, making it attractive to stealth dumpers?


8 posted on 12/20/2004 8:35:23 PM PST by Boundless
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To: Boundless
If so, why? Is the bridge in question equipped with an open grid deck, making it attractive to stealth dumpers?

As with all downtown Chicago River Bridges, it's a drawbridge. It's more lightweight as a grid.

9 posted on 12/20/2004 8:39:10 PM PST by Land_of_Lincoln_John
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To: weegee

i probably would be amongst those that would wretch.
i got a pretty week stomach when it comes to stenches
that would have been just ghastly. yyyyeeeeuuuuuchhhhhh.

i can handle blood and guts. i have staunched many a squirting body part working in factorys through the years.
just keep the stink down and i'm ok.


10 posted on 12/20/2004 8:39:37 PM PST by 537cant be wrong (no kittie! thats my pot pie!)
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To: Land_of_Lincoln_John

Obviously another attempt by the Bush cartel to squelch dissent.


(sarcasm off)


11 posted on 12/20/2004 8:40:54 PM PST by kb2614 ( You have everything to fear, including fear itself. - The new DNC slogan)
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To: 537cant be wrong
Dave Matthews Band Treats Fans Like S**t.

They went on a sightseeing cruise and a GG Allin show broke out.

12 posted on 12/20/2004 8:57:55 PM PST by weegee (WE FOUGHT ZOGBYISM November 2, 2004 - 60 Million Voters versus 60 Minutes - BUSH WINS!!!)
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To: Land_of_Lincoln_John

I thought that the band submitted to dna testing to prove that it wasn't them. What ever came of that?

Has the biowaste been positively linked to the band/bus and are they now left with claiming it was not "deliberate" dumping?


13 posted on 12/20/2004 8:59:51 PM PST by weegee (WE FOUGHT ZOGBYISM November 2, 2004 - 60 Million Voters versus 60 Minutes - BUSH WINS!!!)
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To: Mike Bates

If it happened to me, I'd be suing.


14 posted on 12/20/2004 9:01:55 PM PST by Ciexyz (I use the term Blue Cities, not Blue States. PA is red except for Philly, Pgh & Erie)
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To: Land_of_Lincoln_John
I thought they said that a ROCK band faces a lawsuit.

I don't see any rock bands listed. Some sappy has been stuff, but not rock.

15 posted on 12/20/2004 9:09:36 PM PST by Dan from Michigan ("BZZZZZT You are fined one credit for violation of the Verbal Morality Statute")
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To: Ciexyz

I agree, and furthermore, I'd be stalking the band with the intention of retaliating in kind.


16 posted on 12/20/2004 9:14:40 PM PST by flying Elvis
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To: Land_of_Lincoln_John

Someone really needs to immortalize that act in a song...


17 posted on 12/20/2004 9:58:30 PM PST by Rate_Determining_Step (US Military - Draining the Swamp of Terrorism since 2001!)
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To: Land_of_Lincoln_John

We'll show those architectural sightseers!


18 posted on 12/21/2004 11:14:55 AM PST by GSWarrior
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