Kiss Guitar Tech’s Family Advances in Wrongful Death Lawsuit Against Band

The family of a Kiss guitar technician, who passed away after contracting Covid during the band’s End of the Road World Tour, has won a legal victory in their wrongful death lawsuit against the band. The court in Los Angeles dismissed the band’s motion to dismiss the case on Friday.

Catherine Stueber, whose husband Fran worked as a guitar tech for Paul Stanley for many years, initially filed the lawsuit in October 2023 with other family members. They sued Stanley, Gene Simmons, and Kiss’s longtime manager Doc McGee, accusing them of negligence and wrongful death. The tour promoter Live Nation and the hotel chain Marriott were also named in the lawsuit.

In December, McGee, Simmons, and Stanley filed a demurrer motion, arguing that the matter had already been resolved through a $250,000 Worker’s Compensation settlement in 2023. Their lawyer, Barry Mallen, claimed that the lawsuit was an attempt to “double dip” into settlements. Mallen emphasized that the intent of the Worker’s Compensation lawsuit, which was the family’s exclusive remedy, was not to allow for subsequent civil lawsuits against the band’s management.

However, Stueber’s legal team argued that the Worker’s Compensation settlement was with the Kiss company, not with the individuals Stanley, Simmons, and McGee, and that the company was not a defendant in this case.

The lawsuit gained more context from a Rolling Stone report two years prior, which included allegations from Kiss roadies that lax Covid protocols on tour contributed to Stueber’s death. According to the roadies, there was infrequent testing, and Stueber died in his Michigan hotel room after he started showing symptoms and quarantined himself. The band, however, defended their Covid protocols at the time, stating they met or exceeded guidelines, but also acknowledged the inherent risks of touring during a pandemic.

In the initial complaint, Stueber’s family detailed the significant emotional and financial impacts of his death, including funeral costs and the loss of his love, companionship, and financial support.

In a recent tentative ruling, the judge, Lisa Sepe-Wiesenfeld, stated that the defendants had not proven an employment relationship between them and the deceased, nor that any defendant was released from liability through the Worker’s Compensation settlement. The judge dismissed the demurrer, instructing the defense to respond to the lawsuit within 20 days. Despite this setback, Mallen indicated plans to file a motion for summary judgment to potentially end the case.

In the wrongful death lawsuit involving the family of Fran Stueber, a longtime guitar technician for Kiss, the case centers on allegations of negligence that purportedly led to Stueber’s death from Covid-19. The lawsuit, initiated by Stueber’s widow, Catherine, and other family members, targets not only band members such as Paul Stanley and Gene Simmons but also Kiss’s manager Doc McGee, tour promoter Live Nation, and the Marriott hotel chain.

The essence of the wrongful death claim rests on the assertion that inadequate Covid-19 safety protocols during the band’s End of the Road World Tour contributed to Stueber’s exposure to and eventual death from the virus. Specifically, the complaint highlighted a Rolling Stone investigation that cited claims from several roadies about the minimal Covid protocols on tour. They alleged that the lack of regular testing and proper safety measures in place during the tour facilitated the spread of the virus. Stueber reportedly died in his hotel room in Michigan after quarantining due to illness, which underscores the potential lapses in safety protocols that could have prevented his exposure and subsequent death.

The wrongful death suit argues that the defendants—Stanley, Simmons, McGee, Live Nation, and Marriott—were negligent in their duty to maintain a safe working environment. The legal claim is built on the premise that this negligence was a direct and proximate cause of Stueber’s death, making it a wrongful death case. This is characterized by allegations of the defendants creating a “dangerous condition” that led to fatal consequences.

Moreover, the case highlights the complex nature of settlements and legal remedies. Despite a previous $250,000 Worker’s Compensation settlement, the family contends that this did not encompass claims against the individual defendants or address the full scope of their losses, which include emotional and financial support, underlining the legal basis for their continuing pursuit of justice through the wrongful death lawsuit. This legal battle underscores the significant implications of employer and organizer responsibilities in ensuring the safety of their employees, especially under the extraordinary circumstances of a global pandemic.

In a situation like the wrongful death lawsuit involving Fran Stueber’s family, a  Hemet wrongful death lawyer would be instrumental in navigating the complexities of such a case. Specializing in wrongful death claims, this lawyer would bring expert legal knowledge to rigorously investigate the circumstances surrounding Stueber’s death, ensuring that all aspects of negligence are thoroughly examined. They would gather evidence to substantiate the claim that insufficient Covid-19 protocols contributed to the unsafe working conditions, potentially leading to Stueber’s death. Additionally, the lawyer would handle all legal filings, represent the family in court, and negotiate with the defendants’ attorneys to seek a fair settlement or prepare for a full trial if necessary. Their role would also involve providing compassionate support to the grieving family, helping them understand their rights and the legal processes involved, while striving to secure compensation for funeral costs, loss of income, and the emotional distress suffered by the family. This legal expertise and support are crucial for families tackling the emotional and procedural challenges of a wrongful death lawsuit.