New Jersey appeals court tosses concert lawsuit

NORTH BRUNSWICK (AP) — An appeals court in New Jersey is backing a judge who tossed a man's lawsuit against Wal-Mart and Ticketmaster over concert tickets, calling it "patently frivolous."

Edward Mierzwa says he went to the Wal-Mart in North Brunswick in 2012 to use the self-serve Ticketmaster kiosk to purchase Beach Boy tickets at 10 a.m. But he alleged in his lawsuit that he was unable to buy premium reserved seats because a Wal-Mart employee was not immediately available to complete the transaction.

Mierzwa ended up with outer perimeter seats. He sued, citing the state's Consumer Fraud Act.

A judge said it was the most frivolous complaint he's ever seen and ruled Mierzwa still received the best available seats.

The Home News reports an appeals court found Mierzwa failed to prove fraud.

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