The judge in the Rick Springfield lawsuit has declared a mistrial, citing newly discovered witnesses.
Kenneth Goldblatt, who represents 43 year-old Vicki Calcagno from Liverpool, asked for the judge to allow new witnesses that were discovered via social media who were at the concert in 2004.
"I got a call at nine o'clock this morning from people who were at the fair, standing next to my client and confirmed that she also got knocked down with my client when Mr.. Springfield fell off his railing," said Kenneth Goldblatt.
The judge gave Rick Springfield's attorneys 24 hours to prepare, which they said was not enough time. Springfield's attorneys then asked for the judge to grant a mistrial, so they would have time to prepare for the new witnesses. The judge agreed to the mistrial. New motions need to be filed in 90 days.
"Rules of litigation require an equal opportunity for all parties to take depositions and investigate all witnesses so in the interest of fairness, the judge granted a mistrial," said Goldblatt outside court on Wednesday.
Springfield, whose birth name is Richard Springthorpe, left court without speaking to the media. He flashed a peace sign as he walked past cameras and exited the courthouse.
The trial centers around a 2007 lawsuit filed by Vicki Calcagno, who claims that Springfield struck her with his buttocks when he went into the crowd during a 2004 New York State Fair concert. Calcagno is seeking damages as a result of injuries she claims she suffered in the incident.
In testimony Tuesday, Calcagno said Springfield stood on her folding chair at the Chevy Court concert, but she has no memory of what happened for 10-30 minutes after the singer's rear end hit her head. One of the exhibits entered into evidence was a close up photo of Springfield's rear end that Calcagno says she took just moments before she was knocked out. On cross-examination, Calcagno admitted she did not report any injuries to anyone at the State Fair that night or for two days after. She said she continued to take pictures of the concert after she regained consciousness.
Springfield also appeared in court Tuesday morning and testified about his memory of the concert her performed on August 28, 2004. Springfield said he had no idea there were any problems at the 2004 show until he was sued in 2007. He said his only memory of was that the 4:00 show was cut short by lightning. Calcagnoâ??s injuries allegedly happened during the 8:00 p.m. show, which witnesses say was damp due to rain that fell that day.
Springfield's fans have been supporting the singer on Facebook, Twitter and in comments on news articles. Many of them are openly skeptical of Calcagno's injury claims. After the judge declared a mistrial, Deana Brush from Syracuse said the lawsuit seemed a little ridiculous.
"I don't know whose rear end is big enough to do that much damage. It's a little silly in my opinion. It's unfortunate this is the way people go sometimes to get a dime," said Brush.
Attorneys say it is likely that a new trial for Rick Springfield will not be scheduled for several months.