Gaboff v. Sony Pictures Entertainment et al
Sep 30, 2014OUTCOME: Dismisal
Prevailed in a case involving a plaintiff, who was hired by Wilson Elser’s client, a Hollywood production company, to perform a motorcycle stunt as part of promoting the DVD release of the film Ghost R ... ider II: Spirit of Vengeance. The plaintiff was retained as an independent contractor, and was responsible for planning and executing the stunt, which involved riding a motorcycle off a ramp and into a body of water while on fire. In attempting the stunt, the plaintiff sailed over the lake and landed on the other side, suffering catastrophic burn injuries and trauma. After submitting the case to arbitration in July of this year, Wilson Elser filed a motion for summary judgment on the basis of the release agreement that the plaintiff executed, his status as an independent contractor in control of planning the stunt, and his assumption of the inherent risk of injury in attempting the stunt. The arbitrator granted Wilson Elser’s motion in its entirety, thereby terminating the action in favor of the defense.
