LOS ANGELES (CNS) - Blaming herself for the mistake that brought about a judge's dismissal of the case in February, an attorney for a camera operator is seeking reinstatement of a lawsuit filed against Marilyn Manson that alleged the shock rocker spat on and blew a substance from his nose on the plaintiff during a 2019 concert in New Hampshire.
When Los Angeles Superior Court Judge Audra Mori's ruling dismissed Susan Fountain's lawsuit on Feb. 15, she did so "without prejudice," meaning the door was not closed to the case being revived later. No attorney or party in the case appeared that day for the scheduled trial date.
On Friday, Fountain's lawyer, Jennifer Clingo, filed court papers with Mori explaining that health issues and her own errors were the cause of her not keeping up with the scheduled court dates.
"If the case remains dismissed in its entirety, Ms. Fountain will be severely prejudiced by my mistake, inadvertence and neglect," Clingo says in a sworn declaration in support of her motion for reinstatement of the case, scheduled to be heard by Mori on July 6. "Ms. Fountain has not committed any error and should not be punished as a result of my failure to receive court notices and check on the court status of the case."
Clingo says that in 22 years of practicing law, no judge has ever fined her or dismissed any of her cases. She says she is seeking a kidney transplant.
"I believe that my current health condition has played a role in my mistake, inadvertence and/or neglect in not properly moving forward this case and missing the scheduled dates," according to Clingo, who also says her physical condition has impaired her ability to get Manson served with the suit.
Fountain's suit alleged assault, battery and intentional infliction of emotional distress. She was working in front of the stage at the Manson concert at the Bank of New Hampshire Pavilion in Gilford, N.H., on Aug. 18, 2019, and stood on a platform and case to try and get the best shots, according to the suit brought in August 2021.
At about 8:15 p.m., Manson, whose real name is Brian Hugh Warner, moved toward Fountain, stooped down and spat into her camera lens, with the spray falling onto her right hand, the suit stated.
Both the camera lens and hood had to be cleaned, the suit stated.
"Ms. Fountain was shocked and disgusted by (Manson's) conduct," the suit stated.
The director who was nearby called the incident "gross and disgusting," according to the suit.
After Fountain resumed her work, Manson again approached her, but this time she left the platform quickly to avoid another incident and the singer walked away, the suit states. The veteran camera operator then started filming from a higher angle, the suit stated.
However, Manson, now 54, then abruptly turned around and again stepped near Fountain and blew a substance from one of his nostrils at her, the suit states. An angry Fountain cursed at Manson, according to the suit.
"(Manson) mocked and pointed at Ms. Fountain while laughing in her face," the suit stated.
The alleged assault was captured on the large venue monitors, and some fans who recorded what Manson did later posted their video on YouTube, the suit stated.
"After being humiliated and assaulted with bodily fluids, she immediately left the pit and went to the restroom facilities," according to the suit, which also stated that the plaintiff was wearing short sleeves and short pants.
Unable to continue her work for the remainder of the event, Fountain later underwent two tests within several months to ensure that she had not contracted any communicable diseases, the suit stated.