At last year's Warped Tour at Shoreline Amphitheatre the band the All-American Rejects rocked the main stage. But during their performance lead singer Tyson Ritter picked up a can, took a sip from it, and a few seconds later, he tossed it into the audience. A YouTube video shows Ritter throwing what turned out to be full cans of Monster Energy Drinks into the crowd several more times.
"She got hit by a can required 12 stitches and the gash is pretty significant and there's a scar as a result," said attorney Bob Rosenthal.
Nina Kooroshfar is an All-American Rejects fan and she's suing for negligence, assault and battery. Her attorney is speaking on her behalf.
"The lawsuit is against the promoter, the band, Shoreline Amphitheatre, those companies affiliated with the band and the lead singer of the band," said Rosenthal.
Medics treated the University of The Pacific student at the concert. Then Kooroshfar was even given backstage passes to meet the band, where they took a picture and apologized. In the photo can see the bandage above her eye.
"It wasn't anything she anticipated. I don't think you go to a concert anticipating that you're going to get hit by a can of soda," said Rosenthal.
The band's label, Universal Music, told Kooroshfar's attorney they were not involved. All of the others named in the suit, including Shoreline, told ABC7 they could not comment on the pending litigation.