Lawyers for Paul Briley, 22, claim the college student suffered “a permanent injury” to his foot when he was shot at “Chris Brown’s Capricorn Bash” at the Fiesta Nightclub on Monterey Highway early on the morning of Jan. 11.
All five people who were wounded suffered non-life-threatening injuries, San Jose Police spokesperson Officer Albert Morales told NBC Bay Area back in January.
The lawsuit includes references to prior violence incidents at Chris Brown concerts and his 2009 felony conviction for a notorious assault on his ex-girlfriend Rihanna.
Raw Video: Shooting at Chris Brown Show in San Jose
“This shooting should never have happened. Brown’s managers and the concert promoters know that violence follows in Brown's wake,” attorney Richard Alexander said in a statement.
The lawsuit was filed Monday in the Superior Court of Santa Clara County. Brown’s publicist calls it “completely frivolous.”
Ethan Metelenis, of BWR-PR, said in a statement: “We expect that the case will be dismissed and in future, to avoid these reoccurring meritless lawsuits directed at Chris Brown, we plan to seek damages from all parties and their lawyers.”
The lawsuit claims the club had been over-sold beyond capacity. It also states, given “shooting incidents … at similar concerts hosted by Brown under similar circumstances,” the defendants should have implemented stringent security procedures, such as metal detectors and pat-downs.
The suit cites the defendants’ “negligence and carelessness” as having led to Briley’s injuries.
Briley is suing Brown and the club to recoup lost earnings, his medical expenses, and a variety of other damages including “past, present, and future physical, mental and emotional pain and suffering, including fright, shock, terror, and post-traumatic stress of being shot.”
The venue, Fiesta nightclub, had its license suspended for 60 days and was placed on probation for two years.
(Editor's note: This article was updated Tuesday to include a response from Brown's publicist.)