A fan who suffered life-altering spinal injuries during a Trophy Eyes show in Buffalo, New York, has filed a lawsuit against the band’s lead singer, John Floreani, along with the venue, promoter, and the band itself.

The lawsuit—filed with the Supreme Court of the State of New York at the Erie County Clerk’s office on November 18th—stems from an incident on April 30th this year, where 24-year-old Bird Piché was injured after Floreani dove backwards off the stage, landing on her.

According to the complaint, Piché alleges that her injuries were caused by negligence on the part of Floreani, Trophy Eyes, promoter After Dark Entertainment, and venue Mohawk Place, asserting that the defendants failed to prevent “unsafe and/or dangerous conditions” at the show.

An excerpt from the legal filing describes the moment the accident occurred:

“While plaintiff BIRD PICHE was in attendance at this concert, defendant JOHN FLOREANI jumped backwards from the stage into the audience. As a result of the uncontrolled stage dive, the lead singer, JOHN FLOREANI, landed on top of plaintiff BIRD PICHE causing her to be trampled and/or fall, sustaining serious bodily injuries. Plaintiff, BIRD PICHE, experienced serious personal injuries, conscious physical and emotional pain, fear for her safety and pain and suffering as a result of the incident.”

Piché was rushed to the hospital immediately after the accident, accompanied by Floreani, where she underwent emergency surgery.

At the time, the venue manager said there is a strict no stage diving policy and there are signs everywhere in the venue. A notice to this effect was included in the emails for the show with the show’s promoter and the band advising them of this policy, the venue manager said in a statement: “Our policy and practised procedure is a full show stop for any stage diving which was put into place for this incident.”

In the weeks following, Piché and her family revealed to NBC News that while she had regained partial use of her arms and some leg function, she still faced significant physical challenges, including limited hand dexterity and involuntary leg movements.

On May 3rd, Trophy Eyes released a statement expressing their heartbreak at what had occurred. They also pledged their ongoing support during her recovery:

“As the result of a tragic accident on the night of April 30th, a TROPHY EYES fan was injured at our Buffalo NY show. We elected to immediately shut down the show as John accompanied them to the hospital with their family.
Out of respect for the family, we have refrained from speaking about this publicly so far, but with the blessing of their family we are now able to say how truly heartbroken we are to be here now. Our friend, Bird, is now in recovery, but still has a long road ahead for them. A gofundme has been set up by their family.
This situation has shaken us all to our core, and we ask for patience while we look to help Bird navigate this difficult time. Please, keep Bird in your thoughts. We remain in close contact with them and will expand on this as new news arrives.
Yours faithfully, TROPHY EYES“

The band donated $5,000 to a GoFundMe campaign set up by Piché’s family to cover medical expenses, with Mohawk Place contributing $500. Floreani later added an additional $6,000 to the campaign, which has now raised over $88,000.

Despite the community’s outpouring of support, Piché faces a long road ahead in her recovery. Her lawsuit seeks financial compensation for what it describes as “preventable injuries caused by negligence”.

The defendants have not yet publicly responded to the legal filing, which can be found in full here.

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