Vincenzo Costa, 61, and his wife, Rita, 60, launched the lawsuit after they attended one of Stewart’s concerts at the Hollywood Bowl in Los Angeles. The legal action alleges that football-mad singer kicked or threw a football into the crowd, causing Mr Costa’s injury. The court action was launched on Tuesday in a Los Angeles court.
Mr Costa is seeking damages for alleged “personal injuries, physical disability and physical and emotional distress, pain and suffering”.
He claims he was hit on the head with the ball after Stewart launched it into the audience during the gig last August. Mrs Costa is also seeking damages, after claiming the incident cost her the companionship of her husband.
The couple are asking for general punitive damages and medical and incidental expenses.
The legal action also names the Hollywood Bowl concert venue and the Los Angeles Philharmonic Association as defendants.
Stewart kicked balls off the stage into the crowd during the sell-out concert – a stunt he often does at the end of his shows.
Mr Costa claims he was smacked in the head by one of the flying footballs and was rushed to hospital after suffering convulsions. At the hospital, Mr Costa, who also claims he suffered a concussion, underwent four hours of tests before doctors prescribed him painkillers and sent him home.