Cage the Elephant guitarist Brad Shultz performing at Ascend Amphitheater, May 2016
On Tuesday, Feb. 21, a man filed suit against Cage the Elephant guitarist Brad Shultz, the band itself, its LLC and Live Nation Worldwide, according to court documents obtained by the Scene. Lodged with the Davidson County Circuit Court, the filing alleges Shultz, intoxicated, threw his guitar into the audience during the band’s May 19, 2016 show at Ascend Amphitheater, striking a Chicago resident in the face.
Shultz, reached by the Scene, declined to comment. Requests for comment from the band and Live Nation were not immediately returned at press time.
The suit alleges Shultz “suddenly and without warning, threw [his guitar] towards the audience,” which struck Weston Tolbert, of Chicago, in the face, “causing significant injuries.”
A request to Tolbert for comment and clarification of injury through Mr. Tolbert’s attorneys was also not immediately returned.
Tolbert’s lawyer, Carrie Labrec of the Higgins Firm, told the Scene that either Mr. Tolbert, who has worked as a photographer, or one of Tolbert’s family members has been employed by Cage the Elephant in the past. Labrec said the suit’s claim that Shultz was intoxicated is based on Tolbert’s longstanding familiarity with the band and its members, as well as visible evidence of Shultz drinking on stage.
Profiled by the Scene the week of the Ascend Amphitheater concert, Cage the Elephant has long been known for its lively and injury-prone antics. In that story, Shultz claimed that he’d broken a rib onstage and was bitten by a fan after jumping into the audience at previous performances.
“[CtE, its LLC and Live Nation] were aware that [Shultz] had previously thrown his guitar at concerts and they failed to warn the patrons of this action or prevent [Shultz] from continuing this negligent act,” the suit further reads.
The suit requests a 12-person jury award a maximum of $350,000 to Tolbert for physical and emotional pain, loss of wages, healthcare, and others.
