Elliott v Connect the Dots
Mar 15, 2018OUTCOME: Jury Verdict for $2,646,973.73 in damages
Facts and Background: Plaintiff is an aspiring actress who was injured on August 13, 2013 while voluntarily performing in a film titled Punk Rear Guard. The film was conceived of and directed by defen ... dant Kathryn Ferguson and was to be shown on a fashion website known as ShowStudio.com. The choreographer for the film was Claude Racine. The production company was Connect the Dots, Inc. Everyone involved in the film, including plaintiff, provided their services for free in exchange for a credit on the film. The film was supposed to feature a number of dancers dressed as cheerleaders performing a ground-based dance routine. The dancers/cheerleaders were not supposed to perform any stunts and no precautions were taken for stunts. The choreographer asked for volunteers to perform a “basic” stunt. Plaintiff (an experienced cheerleader) and several others agreed to do the stunt which featured two cheerleaders holding a third up in the air. While practicing the stunt, plaintiff fell and fractured her right elbow. Plaintiff's Contentions: That production company Connect the Dots, Inc. was negligent for failing to be present to supervise the rehearsal and failing to stop the stunt and for not hiring proper personnel to assist with the stunt. Defendant's Contentions: That plaintiff assumed the risk of participating in the stunt, that Connect the Dots did nothing to increase the inherent risks in cheerleading/stunting, and that no special safety precautions were required for the stunt. Connect the Dots also disputed the nature and extent of plaintiff’s claim for future medical care.
