Today's lawsuit claims that Paramount and the film's location managers breached a duty of care to Gabriela Cedillo, 24, by, among other things, failing to properly weld a thick slab of metal that became dislodged from a stunt car, crashing into a another car driven by Cedillo and slicing her skull.
The woman's attorney, Todd A. Smith, told reporters in Chicago this morning that Cedillo is partially paralyzed and unable to speak. The lawsuit, brought by Cedillo's brother Adolfo Romo as her guardian, claims upward of $50,000, but Smith said the actual amount of damages would be much higher (in Illinois, damages are set by juries).
Production on "Transformers 3" continues, but Paramount issued a statement this afternoon expressing remorse that the Sept. 1 accident occurred: "Our thoughts, prayers and best wishes are with Gabriela, her family and loved ones. The production will continue to provide all the help we can to Gabriela and her family during this difficult time."
Extras on movie sets routinely sign liability waivers. But even with a waiver, as with all negligence cases, a jury would be asked to evaluate whether the studio owed a duty of care to Cedillo and whether it took reasonable precautions to prevent a tragedy like this. According to the suit, Paramount "knew or should have known that crashing a stunt car at over 50 mph within 50 feet of 'extras' or other film persons could cause injury or bodily harm to the individuals on the set."
– The Hollywood Reporter