Adrian Bailey, an actor working in The Little Mermaid who was severely injured when he fell through a trap door of a boat suspended more than 30 feet above the stage before a performance May 10 at the Lunt-Fontanne Theatre, is officially suing Disney, the show's primary producer, as well as prop and set manufacturers based in Queens and Canada, according to documents filed today in Manhattan Supreme Court.
Attorneys for Bailey indicated in May that the actor would sue when they filed an order to show cause, which requested that the set and prop be retained so it could be inspected. Today's suit, which seeks unspecified monetary damages, alleges that Bailey's injuries "were caused by the carelessness, negligence and recklessness of the defendants." Among the four causes of action in the suit, attorneys allege that there were insufficient "warnings and/or safety devices" that could have prevented the accident.
Bailey has been hospitalized since the accident and is undergoing physical rehabilitation and therapy. According to the lawsuit, he fell approximately 36 feet and suffered numerous fractures of the back, wrists, hip, pelvis, coccyx, sternum, ribs, and foot; he also suffered herniated vertebral discs that required at least five surgeries.
Neither Bailey nor his principal attorney, Mark J. Manus of Lipsig, Shapey, Manus & Moverman in Manhattan, could be reached to comment, but an assistant to Manus released statements from each in response to queries from Back Stage.
"My life has been changed forever," stated Bailey, a veteran actor and dancer with 11 Broadway credits. "It will never be the same. My immediate goal is to somehow be able to walk up to my own apartment and care for myself. I try to stay positive. I look forward to being made whole some day and being fully compensated for my injuries."
"This tragedy never should have happened," Manus said in the release. "The show could have taken simple protective measures which would have easily prevented it."
A Disney spokesman said the company would have no comment. Publicist Chris Boneau, whose firm used to represent The Little Mermaid, told the New York Daily News in May that Bailey had been walking on the boat at the time of the accident, and that the accident was caused by "human error."
In addition to Disney, Bailey is suing George Tsypin Design and Showman Fabricators Inc., two companies based in Long Island City, Queens, that design, manufacture, and assemble sets; he is also suing Niscon, an Ontario, Canada-based company that, according to its website, specializes in motion control systems for the entertainment industry.
Tsypin (pronounced SEE-pin) did not return a phone call seeking comment. Robert Usdin, owner of Showman Fabricators, would not comment, nor would a spokesman for Niscon.