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Man files lawsuit against Millvale concert venue for mosh pit injury

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Thursday, March 28, 2013, 5:09 p.m.

A New Jersey man who claims he was banged around and assaulted in a punk rock mosh pit at Mr. Small's Fun House sued the Millvale concert venue on Thursday.

Joseph Pignatiello, 24, of Pompton Plains, N.J., filed the lawsuit in Allegheny County Court, also naming fun house owner Liz Berlin, the punk rock band Senses Fail and production company Opus One.

The lawsuit states that Pignatiello attended a concert on April 9, 2011 where other concert goers pulled him into the mosh pit, and threw him around. He broke and bruised his knee and sprained his right shoulder.

Pignatiello said Berlin, Senses Fail and Opus One “failed to prevent aggressive, intoxicated, drugged and/or otherwise impaired individuals from forming a mosh pit” and “permitted and/or encouraged the formation of the mosh pit” despite knowing that Senses Fail shows have historically inspired particularly aggressive ones.

An employee at Opus One said she was unaware of the lawsuit and declined comment.

A message left at Opus One Productions was not returned. Members of Senses Fail could not be reached for comment.

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