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Judge Prescribes $75,000 Cure in Suit Against Rock Group

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TIMES STAFF WRITER

An Orange County judge has ordered the alternative rock group the Cure to pay $75,000 to a 25-year-old man who claimed he was roughed up by the band’s bodyguard after a concert at the Irvine Meadows Amphitheater in 1996.

Superior Court Judge Francisco F. Firmat issued the default judgment on Wednesday after the band failed to respond to the lawsuit filed in 1997. The complaint charged that band members stood by while their bodyguard, Brian David Adsett, pummeled Downey resident Mark Perry, who was seeking an autograph.

Perry’s attorney, Erik Gunderson, who sought $350,000 in damages, called the judgment a “fair result” that will catch the band’s attention. Gunderson said Perry was once a fan, but now cannot stand to hear the band’s music.

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“I can imagine every time he hears a Cure song, he remembers getting socked in the face and getting his teeth knocked out,” he said.

Stephen L. Hewitt, an attorney for the Cure, denied all of the allegations and said the group will seek to have the judgment overturned. He said the band did not respond to the lawsuit because it had not been lawfully served with the complaint.

“There were faulty filings upon which the default judgment is based, and we expect to have the monetary judgment set aside,” he said.

The incident occurred at the Ritz-Carlton hotel in Laguna Niguel, where Perry and his friend had followed the band after the Irvine concert to seek autographs. Seeing lead singer Robert Smith, Perry approached but was cut off by the 260-pound Adsett, according to court documents. The bodyguard proceeded to knock him unconscious, the papers allege.

“My client got cold-cocked three times in the face by this big guy,” Gunderson said.

Perry suffered injuries to his face, lips and teeth and had to undergo root canals, the attorney said. Perry still needs reconstructive surgery to repair a scar on his lip, he added.

Gunderson said band members had ignored the lawsuit, going so far as to rip up the complaint when they were served with the court papers during an autograph session at a Sunset Boulevard music store.

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The Cure is a longtime popular British band know for such moody songs as “Fascination Street,” “The Walk” and “Friday I’m in Love.”

Gunderson said the London-based band has substantial assets--having sold more than 9 million records--but expects that collecting the judgment will not be an easy task.

“The big challenge is going to be collecting that money for my client,” he said.

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