A New York State Supreme Court Justice has declared a mistrial in a lawsuit against Rick Springfield, which alleged that the ’80s pop star injured a fan with his butt during a 2004 concert.

In the suit, 43-year old Vicki Calcagno claimed that she sustained “serious, disabling and permanent injuries” during a concert at the 2004 State Fair, during which the singer fell while dancing amongst the audience members. As the Syracuse Post-Standard reports, “A review of the 2004 concert described Springfield shaking his buttocks at fans, climbing among them and making sexually-suggestive gestures with [his] guitar and a can of silly string.”

“It’s high-fiving and grabbing and hugging until I get back to the stage,” Springfield said during a court appearance earlier this week. “Physical contact is very powerful and I love to engage the audience.”

During this portion of the show, Calcagno alleges, Springfield fell back on her. Though she did not seek immediate medical attention, Calcagno claims that a doctor who examined her several days later concluded that she had a number of injuries, including a concussion.

For his part, Springfield contends that he does not remember falling and hitting a fan. But he helpfully noted during an appropriately bizarre part of the trial that a picture of a butt, submitted as evidence, could “possibly” be his.

Though a jury had been scheduled to begin deliberating on Wednesday, Supreme Court Justice Anthony Paris declared a mistrial so that Springfield’s attorney had time to interview a new witness who claimed to have observed the incident. The witness had posted a comment on CNYCentral.com saying she saw Springfield fall. “He was on the railing a few feet.off the ground IN THE RAIN! He fell right on my mother in law that night too!” wrote the commenter, who went by the name “Kate Nolin.”

Springfield’s attorneys have 90 days to look into the latest claims and interview the new witness.

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