Bret Michaels Claim

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    SUPERIOR! COURT OF THE STATE OF CALIFORNIAFORTHE COUNTY OF LOS ANGELES

    s u p ~ b I 3 ' R K ~ ~MAR 25 Z O ~ l

    COMPLAINT FOR:(1) N:EGLIGENCE;(2) NEGLIGENT INTERFERENCEWITH PROSPECTIVEECONOMIC ADVANTAGE;(3) CIVIL BATTERY;(4) NEGLIGENTMISREPRESENTAnON

    DEMAND FOR JURY TRIAL

    BC45S13SCase No. _

    Defendants.

    BRET MICHAELS, an individual,Plaintiff,

    v.TONY AWARDS PRODUCTIONS, abusiness of unknown origin, WHITECHERRY ENTERTAINMENT, INC., aNew York Corporation, RlCHARDKIRSHNER, an individual: GLENWEISS, an individual, ALAN WASSERASSOCIATES LtC, New York limitedliability company, ALAN WASSER, anindividual, ALLAN WILLIAMS, anindividual, CBS ENTERTAINMENT, adivision ofCBS BROADCASTING, INC.,a New York corporation and DOES 1-100,inclusive,

    Alex M. Weingarten (Bar No. 2044I0)aweingarten@spillaneweingarten.comJetfrey K. Logan (Bar. No. (36962)jlogan((ilspillaneweingarten.comSPILLANE WEINGARTEN LLP1100 Glendon Avenue, Suite 1200Los Angeles, California 90024Tel: (310) 229-9300Fax; (3 I0) 229-9380Attorneys for PlaintiffBret Michaels

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    PlaintiffBret Michaels ("Michaels") alleges as follows:INTRODUCTION

    I. Bret Michaels is an internationally renowned musician and entertainer. Aftermore than 20 years in the music business, Michaels - both as a solo act and as the leadsinger of the band Poison - has sold over 25 million records and scored 15 Top 40 singles.Michaels also recently starred in Rock ofLove with Bre! Michaels, which became thehighest rated series in the history of cable television network VHI, and won the CelebrityApprentice. Eternally thankful for the success he has enjoyed, Michaels devotes asubstantial portion ofhis fame and fortune to philanthropic endeavors, working tirelessly forcharities such as St. Jude's Children's Hospital and the Juvenile Diabetes ResearchFoundation, Moreover, Michaels is a survivor, Not only has he survived two decades in ther:I;lusic business, but has also endured diabetes since childhood and a near fatal car crash in1994, The father of two young children, Michaels is still at the top of his game and hiscareer continues to enjoy new heights.

    2. In or about the summer of2009, Michaels was approached by the TonyAwards and asked to perform during the show. Despite a rigorous professional schedulethat kept him touring across the nation, Michaels agreed to take a briefrespite from the roadand do the Tony's. A consummate professional Who is familiar with complicated andintricate stage productions, Michaels arrived at the venue for the awards early seeking torehearse and familiarize himselfwith the stage and surroundings. Michaels specificallyasked the producers of the show whether or not they had any particular "blocking"instructions for him - directions about where he should stand or not stand during anyportion ofhis performance. They responded by telling him that there were no specialinstructions and that when his performance was over, he should simply exit from the stagerear.

    3, Michaels theniproceeded to rock the Tony's. At the conclusion of hisperformance of the Poison hit Nothin' But a Good Time, Michaels was struck in the head by

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    a piece of scenery. The enormous set piece was being quickly lowered for a subsequentperfonnance when it smacked Michaels in the face - throwing him to the ground andultimately sending him to the hospital for X-Rays and stitches with a cut lip and brokennose. Michaels was never fold that the scenery piece would be descending or given anywarning of the existence of the dangers it presented. Quite the opposite, Michaelsspecifically asked for instr\lctions regarding how to exit after his performance and was justtold to walk off the rear of the stage - in what was ultimately the danger zone.

    4. Video of the incident immediately spread across the internet like wildfire and,the episode quickly became fodder for tabloids and late night talk show hosts, even

    becoming one of the 10 mqst viewed clips on YouTube (notching an estimated 27 millionhits on the site). Despite the fact that they had seriously injured Michaels, spokesmen forthe Tony's had the audacity to publicly blame the singer- claiming that he "missed hismark." Further, despite thi;: fact that they could have prevented the footage ofMichaelsbeing slammed to the ground by the giant set piece from airing, via the standard sevensecond broadcast delay employed with live perfonnances, the Defendants took no suchmeasures - presumably because the incident would lead to greater publicity and ratings forthe show. Accordingly, they literally added insult to injury.

    5. As a result of the injuries he sustained during the Tony Awards, inter alia,Michaels was forced to cancel multiple concert dates thllt had already been booked, Then,months later, which is not uncommon when dealing with head traumas, Michaels suffered anear,fatal subarachnoid hemorrhage. Subarachnoid hemorrhage is bleeding in the areabetween the brain and the thin tissues that cover the brain. This area is called thesubarachnoid space. One of the most common causes of this type of hemorrhage is headtrauma - exactly like the one Michaels suffered at the hands of the Tony Awards.Approximately one-quarter;ofplltients suffering from this sort of injury die within the firstweek, with balfnot Hving past six months. The pain associated with this injury is almostunimaginable - Michaels has been quoted in the press as it feeling like he was being

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    obfuscate and make e x c u s e ~ . Through this action, Michaels just wants what he has alwaysasked for, what is fair.

    PARTIES8.

    IIMichaels is a resident ofLos Angeles County who also maintains his principalI

    place ofbusiness here as well.

    whacked in the head by a bllseball bat over and over again,6. Through his sheerwill to live, to see his children grow up, Michaels was able

    !

    to survive this trauma. AItl10ugh he put a brave face on for the public, the fact is that theinjury left Michaels clinging for his life and in excruciating agony. It was only throughmonths of hard work and dddication - that continue to this day - that Michaels has beenable to reSUme some semblance ofhis life and career,

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    Aian Wasser Associates LLF is a limited liability company organized under the laws of the,State of New York with its principal place of business located at 1650 Broadway, Suite

    800, New York, New Y o ~ k , 10019 that conducts business in Los Angeles, California.,12. Michaels is informed and believes and based thereon alleges that Defendant!Richard Kirshner is, and at all times mentioned herein was, doing business in the County of

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    9. Michaels is in,fonned and believes and based thereon alleges that Defendant,Tony Awards Production iSla business of unknown origin that conducts business in LosIAngeles, Califomia. !

    10. Michaels is informed and believes and based thereon alleges that DefendantI!White Cherry Entertainment is a corporation organized under the laws of the State ofNew,

    York with its principal p l a c ~ ofhusiness located at 317 Madison Avenue, Ste. 614New York, New York, 1Q017, that conducts business in Los Angeles, California.

    III. Michaels is intonned and believes and based thereon alleges that Defendant,

    ,7. Michaels and :his representatives have made repeated efforts to take the highIroad and come to some r e a ~ o n a b l e accommodation with these Defendants that does What isi_fair. Defendants, however, have failed and refused to do anything other than delay,,

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    COMPLAINT

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    Los Angeles, State ofCalifornia.13 _ Michaels is iiIfonned and believes and based thereon alleges that Defendant

    Glen Weiss is, and at all tirpes mentioned herein was, doing business in the County ofLosAngeles, State of California.

    14. Michaels is informed and believes and based thereon alleges that DefendantAlan Wasser is, and at all times mentioned herein was, an individual residing and doingbusiness in the County ofLos Angeles, State ofCalifornia,

    15. Michaels is iJilfonned and believes and based thereon alleges that DefendantAllan Williams is, and at all times mentioned herein was, an individual residing and doingbusiness in the County ofLos Angeles, State ofCalifornia,

    16. Michaels is informed and believes and based thereon alleges that DefendantCBS Entertainment is a di"iision ofCBS Broadcasting, Inc., a New York corporation, withits principal place of business located at 7800 Beverly Boulevard, Los Angeles, California90036.

    17. Michaels is unaware of the names and true capacities of defendants, whetherindividual, corporate a n d / o ~ partnership entities, named herein as DOES I through 10,inclusive, and therefore sues them by their fictitious names. Michaels will seek leave toamend this complaint whel] the true names and capacities ofDOES I through 10, inclusive,are ascertained. Michaels is informed and believes, and based thereon alleges that theabove-listed defendants and DOES I through 10, inclusive, are in some manner responsiblefor the wrongs alleged herein, and that at all times refe