INDIANAPOLIS, March 19, 2001 — Legendary composer and conductor Burt Bacharach filed a lawsuit today in federal court against Melvin Simon and Associates, the largest mall developer in the world, and Claypool Holdings, LLC., for injuries resulting from a fall last April at their Indiana Roof Ballroom. Mr. Bacharach is seeking $15 million in damages.

Bacharach was scheduled to perform at the Indiana Roof Ballroom on April 5, 2000, and visited the facility in late afternoon for his sound check and survey. Just the previous week (March 26, 2000), the Academy and Grammy Award-winning composer had been co-musical director of the 72^nd Academy Awards.

According to court papers filed today, "While proceeding toward the stage, Bacharach suddenly pitched forward when he unexpectedly came upon the drop off between the outer edge and center of the main floor causing him to fall down to the lower level suffering the full impact of the fall directly on his left shoulder." The Complaint for Damages explains, "The entrance to the main floor and the main floor itself of the Indiana Roof Ballroom are on a higher level than the center of the Ballroom. When entering and proceeding through the Ballroom, the difference between the levels is not visibly distinguishable." There was insufficient lighting and it was dark; and two other members of the Bacharach group also stumbled at the same location.

The medical consequences of his crushed shoulder have been devastating, including shoulder replacement surgery — with the implantation of a prosthetic shoulder joint and resulting scarring — plus shoulder and arm pain, loss of strength of his arm and hand, and on-going medical care and treatment.

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Burt Bacharach Files Suit — 2

"A very difficult year was made worse by the fact that I have been forced to sue for damages," Bacharach said from his home in Los Angeles. "I kept thinking that Melvin Simon and Associates would compensate me fairly. Unfortunately, this is not the case, and I have no other choice but to sue."

Bacharach, who is seeking a trial by jury, was described by VANITY FAIR Magazine in November 2000, "...No one over the last 40 years has written more or better pop songs." He had to cancel numerous concerts, and his surgery and subsequent medical needs and treatment interrupted his prolific writing and composing music career. He is one of the most-honored composers in history, and has written hundreds of popular songs, films and scores. His credits include "That’s What Friends Are For" (the royalties from that one song alone have raised close to $2 million, which has been donated to the American Foundation for AIDS Research); "Raindrops Keep Fallin’ on My Head," "Alfie," "What the World Needs Now," "I Say a Little Prayer," and "The Look of Love." He won a Grammy in 1998 with Elvis Costello for Best Pop Collaboration with Vocals.

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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Linda Dozoretz (323) 656-4499