Any attorney on the chat? Does Idina have a case?

[Marlothom]

Posted: 1/9/05 at 2:13pm

There was no way she would perform tonight if she was thinking of suing the producers? In fact, I am surprised she is even showing up to the stage...
Are there any attorneys that can discuss the merits of her case? Again, attorneys, not angry fans that are insulted by this post.
Get well Soon I.

Updated On: 1/9/05 at 02:13 PM

[pab]

Posted: 1/9/05 at 2:16pm

Oh for F**K sake!

[Yankeefan007]

Posted: 1/9/05 at 2:27pm

she doesnt have a lawsuit, unless she can sue a broken elevator platform.

[SallyBrown]

Posted: 1/9/05 at 2:28pm

Anyway, over the time span of 3 years, Idina has most likely become very close to the producers and the crew of the show. I highly doubt she'll sue.

And on that note, I can now see why people on this board are getting annoyed.

[ElphieDefiesGravity]

Posted: 1/9/05 at 2:29pm

Can you PLEASE change the title? Her name is I-D-I-N-A, NOT I-N-D-I-N-A. After all these posts and things, you should be able to get it right.


Sorry, I am in a bad mood right now.

[Marlothom]

Posted: 1/9/05 at 2:36pm

Changed it just for you...

[clarkstallings]

Posted: 1/9/05 at 2:38pm

I highly doubt that Mrs. Menzel would be able to sue the producers over this matter. The producers I'm certain protected themselves with a clause in her contract stating that she could not sue them for accidents that can arise when dealing with the equipment used in the show. There would have to be some extreme negligence demonstrated on the part of the producers in order for her to sue. An automation system failure which is the likely cause of the elevator not being in place would not be considered negligence but rather a risk of the job. But who knows? That's my opinion and the way this case should work. I do wish Mrs. Menzel a speedy recovery.

[ElphieDefiesGravity]

Posted: 1/9/05 at 2:40pm

Thank you Marlothom, I appreciate it.

Updated On: 1/9/05 at 02:40 PM

[ElphieDefiesGravity]

Posted: 1/9/05 at 2:40pm

Thank you Marlothom, I appreciate it.

[Mister Matt]

Posted: 1/9/05 at 2:41pm

Given the special effects involved in most Broadway shows and the nature of live performance, I'm sure there is more than enough insurance in the production to cover it. And there is probably an accident clause in the contract that would prevent a lawsuit. These things do happen. Chita Rivera fell a much greater distance when the elevator collapsed during All That Jazz in a performance of Chicago. I don't think a lawsuit is necessary here.

[Marlothom]

Posted: 1/9/05 at 2:42pm

Thank You ClarkStallings...I am currently studying law and my goal is to reprensent actors, etc. Your post was very enlightening. I knew assumption of the risk was a factor.

[erinrebecca]

Posted: 1/9/05 at 4:10pm

Remember Adam and Heather's accident in Chicago in Aida? No lawsuit there and that was much more serious than this one with Idina. Doubtful she could sue anyway, it's more likely to be a workman's comp type thing. Plus she'd have to prove damages, and that would be difficult if it's just some bruised ribs.

[broadwayguy2]

Posted: 1/9/05 at 4:16pm

she wouldn't have a case anyhow.

If she sued, she would never be cast again. No producer would deal with her.


and what the hell is up with the stalkers saying she should sue??

[Joshua488]

Posted: 1/9/05 at 4:34pm

I disagree. If there was no clause in her contract, and if she really wanted to sue, she could probably charge them with negligence or something around there. It is absolutely not true that she wouldn't HAVE a case; you can make a case out of virtually any scenario. Whether or not it would make it to trial or end up with a settlement is the question.

[broadwayguy2]

Posted: 1/9/05 at 4:36pm

what did THEY neglect? because the thing didn't work?

[Plum]

Posted: 1/9/05 at 4:39pm

Whether or not it would make it to trial or end up with a settlement is the question.

Or, you know, she could get counter-sued and end up having to pay the defendants' legal expenses and possibly other costs. And as was stated before, who would want to hire an actress who sues her employers for a common stage accident? Then, of course, there's the factor no one seems to even think of- maybe she doesn't even want to sue. Not everyone is a lawsuit-happy opportunist, believe it or not.

[Joshua488]

Posted: 1/9/05 at 4:41pm

Precisely. She could definitely use that as an argument. I'm not saying that I agree, but it is definitely a point that she could use in her prosecution. She could probably argue that they failed to test the elevator prior to the performance, resulting in her injury. Attorneys can be awfully crafty; they'd figure something out.

SIDENOTE: I was just wondering: Do you think that there might have been some crew members beneath the stage where Idina fell? Do you think that they would leave a trapdoor and elevator unaccompanied? Like, without a crew member there to supervise it? It seems like with an effect like that, you would want someone there to make sure that your Tony Award-winning star gets down safely.

[Plum]

Posted: 1/9/05 at 4:43pm

And my parents wonder why a few months spent interning in Appellate Court left me so cynical about law.

[CodeName]

Posted: 1/9/05 at 4:45pm

I've been lurking but I had to post to this thread. As a future attorney with no familiarity with NY law. I personally doubt Idina has a case or that she would sue, as evidenced by her showing up to the performance today. There is probably an accident clause in her contract and the only way that could be overcome would be some kind of willful action and certainly no one wanted Idina to get hurt. The producers are likely to loose money on todays show because Idina did not perform.

[broadwayguy2]

Posted: 1/9/05 at 4:45pm

hahaha. exactly

[Joshua488]

Posted: 1/9/05 at 4:48pm

Correct. If you'll note my first post, you'll see that this whole hypothetical situation I created was assuming that there was no clause in her contract. The odds that there was no clause are slim to none, but in the unlikely event that a clause was excluded from her contract, a lawsuit could be in order.

[Plum]

Posted: 1/9/05 at 8:28pm

Because that's what everybody does when they get injured, right? Sue sue sue.

*headwall*

[papalovesmambo]

Posted: 1/9/05 at 8:59pm

in a country that requires that requires guns have a warning label that says, "do not point towards face or head when firing"? oh yeah.

[Marlothom]

Posted: 1/9/05 at 9:11pm

Wow.
Well I think if I was a big name on a show that required me to ride a hydrolic lift every night I would demand something on my contract that would ensure I was compensated should something happen. Also, the lift does not operate itself, someone was responsible, and that someone works for a company that takes responsibility for that action.
Lastly, she is a big name, and future prod. would be dumb not to cast her simply because she demanded compensation for her injuries.

[Type_A_Tiff]

Posted: 1/9/05 at 10:08pm

And this is why I don't want to study civil law.

Assuming there wasn't a release clause, if the trap door mechanism malfunctioned (and it wasn't just that she accidentally landed wrong or something solely in her control), she may have a case but it would most likely be a worker's compensation issue. If she really wanted to stretch it, surely there must be some protocol in these shows requiring a routine daily maintenance check. If the techie failed to notice this error, someone's head may roll, but for the reasons people have said so far, plus the fact that with union protection and worker's comp, Idina's likely to get compensation anyway, I doubt this will go to court.

Updated On: 1/9/05 at 10:08 PM