A Los Angeles judge recently told Kiss to consider settling an upcoming court case with their former wig roadie, warning that the band could face serious financial consequences if the case doesn’t go their way.
The lawsuit was filed in February 2023 by former crew member David Mathews. Mathews worked on the costume team to maintain the band’s hair. He claims he was mistreated during his 30 years with the band and wrongfully fired and says he was forced to work close to Gene Simmons while the musician had COVID but denied being sick.
In his six-point lawsuit, Mathews also claims he was fired by manager Doc McGhee after being wrongly accused of speaking to journalists about the crew’s concerns over Kiss’ COVID safety measures. This was after guitar tech Fran Stueber died from COVID during the tour, and the band caused controversy with people claiming Simmons caused his death after refusing to wear masks. He believed the vaccine protected him enough, even though he was diagnosed with the virus.
During a hearing on Friday, L.A. County Superior Court Judge Armen Tamzarian said both sides face serious risks in the case. “If this goes to trial, it would not surprise me if Mr. Mathews got nothing. It would not surprise me if he made a big pot of money. This is the kind of case any rational person would settle. There’s big risk this could swing dramatically one way or the other. This is a tough case for plaintiff to win, but if he wins, there are deep, deep pockets there, and there could be a big result.”
The judge admitted: “I don’t know what I’m doing to do with this” if the case commences as scheduled on January 6. He also added that this case could go in any direction and that it might be best to settle, as the risks for both sides are high.
The judge also questioned Kiss’ argument that Mathews was a contractor and not an employee. “I’m not so sure I’m buying that argument. Let’s say he had his own hair studio in Beverly Hills, and every time they went on tour, they went to him and he fixed up their hair. That’s one thing. [But] he didn’t have his own hair studio. He didn’t cut anybody else’s hair. All he did for a couple years was cut the hair of these guys. He had some side gigs, but they weren’t side gigs in hair.”
The judge also raised doubts about Mathews’ position on COVID safety measures. He questioned whether it was practical to have performers like Gene Simmons wear a mask after applying their stage makeup.
The case is set to go to trial on January 6 unless the parties settle then.
