A Snowmass Village woman who alleges she was injured when a drunken New York rapper dragged her up on stage against her will during a 2009 performance in Aspen is asking a judge to rule in her favor, saying the defendant has abandoned the case.
Kristin Scharrer filed suit against Psycho Les of the Beatnuts, Belly Up Aspen and property owner 450 South Galena Investors, LLC in 2010.
Her lawsuit says that in the band’s 2009 concert at the venue, Psycho Les, a Brooklyn resident whose real name is Lester Fernandez, made repeated overtures to get her on stage, which she declined, before forcibly pulling her up. That action resulted in her slicing her leg on a sharp edge of the stage, the lawsuit contends.
On Wednesday, Judge Daniel Petre of the 9th Judicial District dismissed Scharrer’s claims against the Belly Up and 450 South Galena Investors after the sides said they had reached a separate settlement. Scharrer’s claim remains active against Fernandez. Her attorney, Jeff Wertz of Aspen, was unavailable for comment, and details of the agreement were not disclosed in court documents.
In a March motion to withdraw as Fernandez’s attorney, Marc Schtul of Denver said he had “no alternative” because his then-client was unable to assist with the case and could not afford to continue paying for legal representation.
Scharrer’s claims against the performer are battery, outrageous conduct and false imprisonment.
Fernandez “has abandoned this matter and his legal counsel has failed and refused to respond to written [pretrial evidence] requests and has otherwise refused to defend this civil action,” Wertz wrote in a motion filed on Wednesday for default judgment.
Such a judgment is proper, the motion says, asking Petre to convert next month’s trial date into a damages hearing. Scharrer says the incident left her with physical and emotional pain and suffering, scarring, medical expenses and impaired physical capacity. Damages for those claims remain largely undetermined, Wertz wrote.
Petre has yet to rule on the default judgment motion.
Fernandez’s phone number listed in court documents rang to a voicemail that was full; he did not return an email message seeking comment.