McGee, Simmons and Stanley challenged the complaint in a demurrer motion first filed in December, arguing that the defendants and Stueber’s family had already settled the matter in 2023 through a $250,000 Worker’s Compensation settlement.

The suit came over two years after Rolling Stone first published an investigation that detailed claims from several Kiss roadies who alleged that minimal Covid protocols contributed to Stueber’s death.

The roadies claimed they weren’t regularly tested, and Stueber died in his hotel room in Michigan after quarantining after he’d fallen ill.

But ultimately this is still a global pandemic and there is simply no foolproof way to tour without some element of risk.” The band also claimed to Rolling Stone that some members of the crew had faked their vaccine cards.

In the initial complaint, Stueber’s family alleged that “as a direct and proximate result of the dangerous condition created by Defendants, Decedent suffered fatal injuries and Plaintiffs suffered damages, including, but not limited to funeral and burial expenses, the permanent deprivation of the love, companionship, affection, solace, society, comfort, assistance, services and financial contributions, and moral support of Decedent.”

In a hearing Friday, Mallen further stipulated that the worker’s compensation settlement had already settled the dispute, but Judge Lisa Sepe-Wiesenfeld stuck to her tentative ruling and overruled the demurrer, telling the defense to respond to the initial complaint within the next 20 days.

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