Live Nation and a second event promotion company are seeking dismissal as defendants in a wrongful death/negligence lawsuit stemming from the stabbing death of Drakeo the Ruler, who was attacked backstage during a star-studded concert at what was then called Banc of California Stadium in Exposition Park.
Attorneys for Live Nation Worldwide Inc. and C3 Presents LLC filed court papers Tuesday with Los Angeles Superior Court Judge James Montgomery contending that video clips, although somewhat blurry, indicate that having initially run to safety, Drakeo sought to re-engage in the melee and was stabbed at that time in what is still an unsolved killing.
The 28-year-old Drakeo’s real name was Darrell Caldwell. He was attacked after a fight broke out behind the main stage of the Once Upon A Time in LA music festival on Dec. 18, 2021, and died later at a hospital. The Live Nation/C3 Presents dismissal motion pertains to only some of the plaintiffs in the consolidated lawsuit, including Drakeo’s brother, Devante Caldwell — himself a rapper known as Ralfy the Plug — and members of the late singer’s entourage.
The plaintiffs allege negligence, premises liability, negligent infliction of emotional distress — brought by Devante Caldwell only — and intentional infliction of emotional distress. The plaintiffs maintain that the promoters knew, or should have known, that many of the artists whose services the promoters sought were “associates of or affiliated with Los Angeles street gangs.”
According to the promoters’ attorneys’ court papers, video footage within the pleadings depicts Drakeo as having “a clear path to retreat from the altercation and temporarily reaching a point of safety. There is zero question (Drakeo) was fully aware of the real risks associated with re-engaging in the fight and he chooses to do so anyway.”
Under the circumstances, any and all responsibility as to Live Nation and C3 Present “was forever severed,” according to the promoters’ lawyers’ pleadings.
In addition, the attack on Drakeo was “a case of a spontaneous fight” and a spontaneous criminal act “necessarily precludes causation,” the promoters’ lawyers further state.
A hearing on the Live Nation/C3 Presents dismissal motion is scheduled for Oct. 13.
The lawsuit’s other plaintiffs include Darrylene Corniel, Drakeo’s mother and the personal representative of his estate, and the hip-hop artist’s only son, a minor. The original complaint was filed in February 2022.
Banc of California Stadium is now called BMO Stadium.
Drakeo was a Los Angeles native who released 10 mixtapes since 2015 and put out his first studio album titled “I Am Mr. Mosely” in April 2017. Critics have cited his unique flow and “oddly expressive, poetic word choices.” The Los Angeles Times called him “the most original West Coast stylist in decades.”
Drakeo recorded the mixtape “Thank You For Using GTL” at Men’s Central Jail while awaiting trial in the 2016 killing of a 24-year-old man, according to The Times, which said he was acquitted of murder and attempted murder charges. Drakeo later pleaded to conspiracy charges in connection with the killing and was released in November 2020.