Morgan Wallen sued by concertgoer after canceling show minutes before showtime
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Country musician Morgan Wallen could find himself singing the blues.
On Sunday, the "Thought You Should Know" singer suddenly canceled his performance minutes before he was set to perform at the Vaught-Hemingway Stadium in Oxford, Miss., due to losing his voice. The next day, one of the show's attendees sued him for breach of contract and negligence in a class-action lawsuit.
The legal saga took another turn Tuesday, when the lawsuit was withdrawn in federal court, but attorney Casey Lott pledged to refile.
"The (first) lawsuit was mistakenly filed based on a misunderstanding. The lawsuit has been dismissed and the case is closed," Lott told the Northeast Mississippi Daily Journal. "We plan to refile the class action lawsuit with a new plaintiff in the coming days."
Lott could not be reached by EW for immediate comment Tuesday. Representatives for Wallen noted to EW that the lawsuit had been dismissed.
Jason Kempin/Getty Morgan Wallen
According to the initial complaint, the concertgoer alleged that Wallen had broken his own refund terms by canceling the event and that they were "entitled to refunds of the out-of-pocket expenses they incurred in connection with the canceled performance."
At Sunday's concert, a large screen announced that Wallen would not be performing and stated that refunds would be available at the point of purchase. However, the plaintiff claimed that all other related purchases should also be covered.
"Even if ticket prices are refunded, no offer has been made to reimburse concertgoers for other out-of-pocket expenses they incurred in connection with the concert cancellation," the suit read, "including transportation, lodging, food, merchandise sales, transaction fees, and other such expenses."
The complaint also alleged that Wallen had "assumed a duty to exercise due and reasonable care for the financial property interests of his patrons" who had spent money to attend the show, including "ensuring foreseeable cancellations are announced in a timely manner in order to mitigate any damages incurred."
As a result, the plaintiff was seeking "money damages in an amount that will fairly and reasonably compensate them for the harm" caused by Wallen, as well as additional relief for the "mental anguish" that they faced in consideration of Wallen's "willful, reckless and intentional conduct" at the show.
On his Instagram Story on Sunday, Wallen explained that he started losing his voice after Saturday's performance and spent the following day "resting up, talking to my doctor and working through my vocal exercises trying to get better."
"I really thought I'd be able to take the stage and it kills me to deliver this so close to showtime, but my voice is shot and I am unable to sing," he continued. "All tickets will be refunded at point of purchase. I am so sorry, I promise you guys I tried everything I could."
This isn't the only blunder that has befallen Wallen on tour over the last week. Last Thursday, the 29-year-old took a serious tumble on stage while performing his song "Heartless" in Kentucky.
[This article has been updated with new information about the lawsuit being dismissed.]
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