Local law firm to represent West Point drummer hit with axe during 'Fox & Friends'

BY ERIKA NORTON
WARWICK — The West Point drummer who was hit by an axe thrown by a “Fox & Friends” co-host during a live broadcast is suing the co-host, the network and a producer.
The drummer is being represented by local law firm Sobo & Sobo.
Master Sergeant Jeff Prosperie, a drummer with The West Point Band’s field music group, the Hellcats, since 2006, was hit by an axe thrown by “Fox & Friends” co-host Pete Hegseth during a live segment on June 14, 2015.

The Hellcats were there to commemorate the Army’s 240th birthday and Flag Day when Hegseth “negligently attempted to throw an axe at a target during the taping,” according to Sobo & Sobo.
In what became a viral online video, the axe thrown by Hegseth appears to fly over the intended target and hits Prosperie on the arm while he is drumming.
Prosperie stops drumming, clutches his arm and walks off out of view.
In the lawsuit, Prosperie claims Hegseth was “negligent, wanton, reckless and careless in, among other things, throwing an axe in an area where he knew or should have known that pedestrians were present.”
Prosperie says he sustained “severe and serious personal injuries to his mind and body, some of which, upon information and belief, are are permanent with permanent effects of pain, disability, disfigurement and loss of body function.”
Greg Sobo, managing attorney for the law firm Sobo & Sobo, wants people to stop and consider safety first before they act.
“So many tragic accidents can be prevented when we take only a few moments to consider our actions,” Sob said in a statement. “In this case, a good man’s life will be forever changed because of a failure to stop and take a moment to consider safety. We are proud to stand with the injured.”
Shortly after the ax incident, Prosperie posted on Facebook that the double-edged axe blade “hit broadside on the outer elbow with significant impact” he suffered some cuts.
In response to the lawsuit, Fox News released a statement: “The incident involving Jeff Prosperie from 2015 was unfortunate and completely unintentional. Fox News immediately apologized to Prosperie and offered medical assistance, which he declined saying he was ‘okay.’ The network also offered compensation, which he declined as well. We have not heard from Prosperie since 2015, so the lawsuit is surprising and we are reviewing it.”
Sobo & Sobo attorney Brandon Cotter responded, saying Fox News’ statement is inaccurate.
“First, while Mr. Prospersie did decline a Fox News request for an ambulance, he did so because he preferred to seek immediate medical treatment with the experts at West Point.”
“We are in possession of correspondence from Fox dated over a year after the incident, which indicates they were aware of Mr. Prosperie’s treatment as a result of their negligence,” Cotter continued.
Sobo & Sobo has offices conveniently located throughout New York in Middletown, Newburgh, Pine Bush, Warwick and Poughkeepsie as well as New York City.