The start of the first civil trial stemming from the 2021 Astroworld festival, where 10 people lost their lives in a crowd surge, has been delayed. Jury selection for the wrongful-death lawsuit filed by the family of Madison Dubiski, a 23-year-old Houston resident who died during the concert by Travis Scott on Nov. 5, 2021, was scheduled to begin next Tuesday. However, Apple Inc., one of the more than 20 defendants in the case, filed an appeal this week, leading to an automatic delay in the jury selection process.
State District Judge Kristen Hawkins mentioned during a court hearing on Thursday that the trial is stayed unless she hears differently. Apple is appealing a ruling by Hawkins that denied the company's motion to be dismissed from the case. The company argues that its actions in livestreaming Scott's concert are protected by the First Amendment as it was acting as a member of the electronic media.
Jason Itkin, one of the attorneys for Dubiski's family, plans to appeal the denial of their request to lift the stay, possibly up to the Texas Supreme Court. The family's lawyers have alleged negligent planning and lack of concern over capacity at the event as factors contributing to Dubiski's death.
During the hearing, Rutter, Apple's attorney, defended the company's actions by stating that broadcasting an event of significant public interest qualifies as news reporting. However, Hawkins expressed skepticism about Apple's claims of being a member of the electronic media, questioning the relevance of livestreaming an event like a zoo visit as news.
Over 4,000 plaintiffs filed numerous lawsuits following the Astroworld concert, with Dubiski's case selected as the first to go to trial. The trial involving more than 20 defendants, including Scott, Apple, and Live Nation, the festival's promoter, was set to commence next week. Following a police investigation, a grand jury last year decided not to indict Scott and five others associated with the festival.
