A lawsuit spawned by an apparent attempt to body surf through a small town crowd has been thrown out by the Iowa Court of Appeals. It was Labor Day, 2003, in Sutherland, which is in northwest Iowa. A city street was roped off for a concert and street dance.
The Randall Zwarte Band was performing; you’re hearing them now. Spectator Gary Wilson got up on stage with the band and leapt into the crowd. He landed on Mark Nellis. Nellis sued the town, alleging Sutherland "permitted, promoted and sponsored" the event and should have protected him from the jumper.
A district court judge tossed out the lawsuit. Nellis and his wife appealed. The Iowa Court of Appeals has rejected their claim on the town, too.