Three federal suits filed against All Good Festival authorities and another attendee recently were consolidated and will go to trial in August 2013, according to a recent court order.
The three suits stems from the July 2011 death of Nicole Miler after a vehicle landed on top of the tent she was sharing with her friends, Yen Hai Ton and Elizabeth Rose Dolan.
Dolan, Ton and Miller's father, Kim Miller, later filed three federal lawsuits against Timothy Walther, Junipa Contento, Walther Productions Inc., All Good Presents, James Carrico, Marvin Huggins, Marvin's Mountaintop LLC, Event Staffing Inc., National Event Services, Axis Security Inc., M&M Parking Inc, M&M Event Services LLC and Clay Lewin.
In her suit, Ton claimed All Good employees directed Dolan, Miller and Ton to place their tent at the bottom of a "steep, grassy hill."
All three suits claimed Lewin lost control of his vehicle, hitting two cars on the way down the hill and eventually landing on top of the tent.
Doran and Ton claimed they experienced emotional trauma when they were pinned against Miller, who later died as a result of her injuries.
All Good Festival authorities announced in November that they would move to Ohio for the next event.
"We will always treasure our time at Marvin's Mountaintop," the release stated. "But we had to take a hard look at the negative impact the West Virginia site had on you, our fans, who sometimes spent four to six hours covering that last five miles under close scrutiny from authorities."
Authorities went on to say that the population and local officials never "warmed up to the festival."
"In 2011, county officials went so far as to pass a crippling Mass Gathering Ordinance that directly targeted All Good and levied an outrageous tax on our event," the news release stated. "We would much rather spend the money (your ticket money) on bands, safety and enhancements to your overall festival experience."
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