INDIANAPOLIS, April 12, 2001 — Composer and conductor Burt Bacharach this week filed an amended complaint for damages against Melvin Simon and Associates, Inc., and Claypool Holdings, LLC, owners of the Indiana Roof Ballroom, where Bacharach fell and fractured his left shoulder — requiring shoulder replacement surgery — prior to a performance on April 5, 2000. The complaint was filed in federal court Monday (April 9) and seeks punitive damages, in addition to the $15 million sought in the original filing (March 19, 2001).

According to the complaint, "Prior to April 5, 2000, and as early as December, 1987, Defendants had actual notice on multiple occasions of the dangerous condition existing due to the multiple level main floor of the Indiana Roof Ballroom. Despite numerous reports, complaints and lawsuits regarding this dangerous condition, Defendants refused to correct the defective condition.

"As a result, the actions of Defendants constitute conduct which is willful, wanton, grossly negligent and in complete disregard for the welfare of the public, including [Bacharach.]."

Two others traveling with Bacharach had also fallen that same day in the same dangerous area on the main floor of the ballroom. Since filing his complaint last month, Bacharach and his Indianapolis attorney, Robert Weddle, have been contacted by other people who fell and complained (and, in some cases, filed lawsuits) because of the hazardous conditions. Nevertheless, the situation was not improved.

"Only after I returned from the initial hospital visit did they even post warning signs about floor," Bacharach said. "Signs might have helped some of the victims, but they don’t compensate for a defect that has been hurting people for at least 14 years."

The legal papers stated, "When entering and proceeding through the Ballroom, the difference between the levels is not visibly distinguishable." Further, the lawsuit alleges that there was insufficient lighting, as the room was dark.

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Burt Bacharach — 2

As a result of his shoulder being crushed by the fall, Bacharach’s shoulder replacement surgery required implantation of a prosthetic shoulder joint with resulting scarring, shoulder and arm pain, loss of strength of his arm and hand, and on-going medical care and treatment. He had to cancel all work for months and then was only able to perform abbreviated shows on a limited schedule.

According to Bacharach’s representatives, there has been no contact or communication from Simon since the lawsuit was filed.

Melvin Simon and Associates (according to its website), headquartered in Indianapolis and an affiliate of Simon Property Group, is a "self-administered and self-managed real estate investment trust. Through subsidiary partnerships, it is engaged primarily in the ownership, development, management, leasing, acquisition and expansion of income-producing, market dominant retail properties, primarily regional malls, community shopping centers and specialty retail centers." As of February 28, 2001, the company owned or had an interest in 251 properties. Simon’s diversified business interests include co-ownership (with his brother) of the National Basketball Association’s Indiana Pacers. Simon Property Group is the largest publicly traded real estate company in North America with a total market capitalization of approximately $17 billion.

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Contact: Linda Dozoretz/Allison Ravenscroft/Kim Proescholdt