Osbourne Fan Injured in Irvine Concert Melee Awarded $60,000

An Orange County Superior Court jury on Wednesday decided that rock star Ozzy Osbourne’s insurance company should pay $60,000 to a Burbank electrician who claims he was trampled after the singer invited a heavy metal crowd to join him onstage during a 1992 concert.

The same jury had earlier decided that Osbourne, who has been known to bite the heads off live bats during concerts, was negligent when he issued the invitation that caused the stampede at Irvine Meadows Amphitheatre.

Kenneth Allan Winkler, 43, claimed he was trampled in the melee and suffered a torn rotator cuff, a shoulder injury. He filed a civil lawsuit against Osbourne, the concert hall and its security firm, seeking $250,000 in damages.

“This is really disheartening,” said Winkler’s attorney, William I. Goldsmith of Tarzana, who added that his client deserved a much bigger award for his injuries.

“It sends the wrong message to performers that juries will not compensate people for pain and suffering,” Goldsmith said.

The defense attorney for Osbourne’s insurance company, Philip D. Weiss of Universal City, said he was relieved that the jury did not award Winkler more money. Jurors decided to compensate Winkler for only past medical expenses and lost wages, and awarded him $10,000 for pain and suffering.

Weiss said that although Osbourne’s actions were “a really stupid thing to do,” Winkler failed to prove he suffered a torn rotator cuff, which the electrician said would require expensive surgery and several months away from work.

Weiss contended that Winkler’s shoulder injury was less serious than the electrician and his attorney had claimed.

“Because Ozzy Osbourne is a star, they treated this like the lottery,” he said.

On March 28, 1992, Osbourne was finishing a show at the Irvine Meadows Amphitheatre when, according to court testimony, the singer told the audience he wanted to make it a night to remember and invited them to join his band onstage.

About 400 people surged toward the stage after Osbourne’s invitation, according to testimony. Some concert-goers jumped over seats while others flooded the aisles leading to the stage. Several people were treated for minor cuts and bruises.

Winkler testified that he was trying to leave the concert when he was trampled by boisterous fans.

The jury found that Irvine Meadows was not liable for the mishap, nor was the security company working that night.

Tom Miserendino, a spokesman for the amphitheater, said he was pleased with the trial’s outcome because concert organizers had warned Osbourne’s agent about the dangers of inviting the crowd onstage.

“We had taken every precaution that you could, but if an artist decided to create an unsafe situation, they can certainly do that,” Miserendino said.

“We certainly would like to have (Osbourne) back in the future,” he said, “but we would hope next time he would avoid asking the crowd to join him.”