The civil lawsuit brought forth by a photographer against Marilyn Manson (real name Brian Warner) over an incident during a 2019 concert in New Hampshire has been revived in Los Angeles court.
According to Rolling Stone, the civil lawsuit was originally dismissed by a Los Angeles judge back in February after Jennifer A. Clingo, lawyer for plaintiff Susan Fountain, failed to appear in court. Clingo said during an appearance on Thursday, November 2 that she was suffering from a serious medical issue at the time and forgot to enter the trial date into her calendar.
Judge Anne Hwang has ruled that Clingo caught the mistake before the six-month deadline to appeal the dismissal, and has "reduced her caseload and has prepared for the management of her cases until she fully recovers." Nobody from Manson's legal team showed up for the hearing.
The incident took place on August 19, 2019 at the Bank of New Hampshire Pavilion when Manson spat on the videographer and allegedly blew snot on her throughout the course of the night. Manson was charged with two counts of misdemeanor simple assault charges at the time, though Manson's lawyers argued in 2021 that contact with bodily fluids during a show was all part of the gig.
"Plaintiff not only suffered emotional distress from the offensive touching itself, but also from the fear and anxiety that she could have potentially contracted a communicable disease as a result of the exposure to defendant's bodily fluids," reads a portion of Fountain's filing. "She was forced to undergo medical testing immediately following the incident and several months later to ensure that she had not contracted a serious disease."
Manson previously pleaded no contest to one count of assault before a New Hampshire judge in September in a case brought against him (also) by Fountain. An entry of no contest means that a defendant does not plead or admit guilt