A Hollywood stuntman has filed a personal injury lawsuit against actor Tom Sizemore that alleges the actor was intoxicated when he ran over the victim while filming a scene for a television series this the summer.
The lawsuit was filed in late October in Los Angeles Superior Court. Also named in the lawsuit is the production company.
In early July the cast and crew were filming an episode of the USA Network action show Shooter at a remote desert airport in northern Los Angeles County. Sizemore was behind the wheel of an SUV filming a scene when, the lawsuit alleges, he deliberately hit the stuntman, pinning him under the vehicle. The stuntman suffered “numerous internal and external injuries,” including multiple broken bones.
On-set medics freed the stuntman before paramedics arrived. He was airlifted to an area hospital for treatment.
Local sheriff's officials opted not to investigate the incident, leaving it to the Occupational Safety and Health Administration (OSHA) investigate. Therefore, no breath test was conducted nor were blood or urine samples taken to determine the actor's blood alcohol concentration at the time of the incident.
In his lawsuit, the stuntman said the injuries are likely permanent and hamper his ability to work. He and his wife are seeking unspecified damages on allegations of negligence, unusual risk, battery, assault, intentional infliction of emotional distress and loss of consortium.
Loss of consortium refers to the deprivation of the benefits of a family relationship, including affection and sexual relations, due to injuries caused by the plaintiff. The spouse of someone injured or killed in an accident can sue for damages based on loss of consortium.
Between 4 and 5 percent of personal injury cases in the United States go to trial. Most are settled out of court. As for those relative few that go to trial, 90 percent lose. The trial cases that win do better when decided by a judge versus a jury.
The lawsuit alleges the actor “committed a willful and unprovoked physical act of aggression ... by intentionally ... running over (the victim's) prone body.”
Sizemore has a long history of legal troubles. He has struggled with substance abuse. Some of his issues were documented in an unscripted cable television show in which he starred. In addition, he has been jailed for issues related to drug use and for violent behavior. He was sentenced to jail a decade ago for beating a former girlfriend. He also has been incarcerated for violating probation when he tried to fake a drug test and tested positive for drugs. Not long after the July incident involving the stuntman, the actor was charged with three misdemeanor counts stemming from an alleged incident of domestic violence involving his girlfriend.
If you have been by the reckless or negligent actions of another person, you may be entitled to compensation. Call the offices of trial attorneys Charles Gilman and Briggs Bedigian at 1-800-529-6162 or contact them online. The firm handles cases in Maryland, Pennsylvania, and Washington, D.C.