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On April 30, 2017, Kyle Green attended the Travis Scott concert at Terminal 5 in New York City. Green, then 23-years-old, says he was pushed from a third-floor balcony during the show, leaving him paralyzed at the time.
Following the tragic events at Astroworld Music Festival hosted and headlined by Scott on Friday, Nov. 5, Green’s attorney Howard Hershenhorn shared his client’s reaction to the news.
“He was extremely upset and sad for the devastation to these people and to their families–the people who were killed and the people who were horribly injured,” Hershenhorn told TODAY. “At the same time, he was really angry at Travis and at Travis’ team, including his security, etc., because Travis clearly hasn’t learned from what has previously transpired or what previously occurred. He hasn't learned …”
In court documents obtained by TODAY, Green filed a lawsuit naming Scott, whose legal birth name is Jacques Webster Jr., along with seven other defendants including The Bowery Presents, the organization that owned Terminal 5 at the time of the concert, and Strike Force Protective Services, a security company. In his lawsuit, Green’s lawyer allege that Scott “incited mayhem and chaos through his conduct.”
On Sunday, TODAY reached out to Scott’s lawyers for comment on this lawsuit, but they did not respond. In court documents obtained by TODAY from 2020, Scott through his lawyer denied all allegations made by Green.
Hershenhorn said an occurrence wherein Scott appeared to incite violence lies within his own lyrics. In Scott’s 2018 song “Stargazing” from his Grammy-nominated album “Astroworld,” the rapper says, “And it ain’t a mosh pit if it ain’t no injuries / I got ‘em stage diving out the nosebleeds.”
The attorney explained that at the Scott concert four years ago, his client was toward the front on the top of the balcony before he says he was pushed off when he fell to the ground below. As a result of the fall, Green sustained a significant fracture to his ankle, which ended up needed to be fused. In addition to his fall, Hershenhorn says that when the security guards at the venue picked his client up, they did not put him on a backboard or use a neck brace. In Green’s suit, lawyers for him allege that he was “improperly removed from the subject premises without a cervical collar, backboard and other safety precautions.” In 2018, Strike Force responded to those allegations in a filed answer, denying them. TODAY made numerous attempts to reach Strike Force, all of which were unsuccessful
The event left Green, now 27, in a wheelchair after suffering injuries that included fractured vertebrae, a broken left wrist and fractured right ankle. He was left paralyzed on his left side, but has since regained some of his abilities and is now partially paralyzed.
In video taken from the April 2017 show, Scott can he heard encouraging another fan climbing down the balcony to jump, adding, “They going to catch you, don’t be scared.” Scott has yet to publicly respond to the video.
The case is still pending within New York State’s Supreme Court, after being delayed by a series of events, including but not limited to the pandemic. Green’s deposition is approaching at the beginning of December, while Scott’s will take place early next year. So far through his lawyers, Scott has denied “each and every” allegation.
On Nov. 5, eight people died after chaos ensued at the Astroworld music festival held at NRG Park in Houston, Texas with 50,000 people in attendance. Officials said that an additional 25 people were transported to hospitals, and 11 who were taken by ambulance in cardiac arrest. More than 300 people were also treated throughout the festival on Friday at an on-site field hospital.
One attendee described the evening to NBC News as “scary” while another fan penned a lengthy message on Instagram that described unconscious people as “being trampled by every foot that slammed into the ground.”
At a news conference early Saturday, Fire Chief Samuel Peña said that around 9:15 p.m. local time (10:15 p.m. ET) the crowd at the concert “began to compress toward the front of the stage,” which “caused some panic.”
“People began to fall out, become unconscious, and it created additional panic,” he said.
The exact cause of death of the eight victims has not been revealed. Harris County on Monday identified those killed as Mirza Baig, 27; Rodolfo Peña, 23; Madison Dubiski, 23; Franco Patino, 21; Jacob "Jake" Jurinek, 20; John Hilgert, 14; Axel Acosta Avila, 21; Brianna Rodriguez, 16.
A 9-year-old, Ezra Blount, who attended the concert with his father remains in a medically induced coma.
Related: The aunt of a 9-year-old boy who was injured at Friday’s Astroworld music festival tragedy in Houston and left in a medically induced coma is speaking out, calling the packed concert “a death trap.”
Scott released a statement on Twitter on Saturday where he said he was “absolutely devastated” by the events, and said he was grief-stricken in a series of Instagram Stories videos shared later that day.
In a statement posted on her Instagram, Kylie Jenner, who is pregnant with her second child with Scott, said, "I want to make it clear we weren't aware of any fatalities until the news came out after the show and in no world would have continued filming or performing.”
On Monday it was announced that Scott will cover all funeral costs for the eight people who died at his concert last week and will provide "further aid" for individuals affected at the event. The 30-year-old rapper has also partnered with the therapy service BetterHelp to provide free one-on-one online therapy and other mental health services for concertgoers, according to a new release by BetterHelp.
As of Monday, more than a dozen lawsuits against Scott and the organizers of Astroworld have been filed.