The New York Times reports that Judge Dolly M. Gee of United States District Court in Los Angeles issued a ruling July 6 that said the case should be heard in New York, where Michaels' accident occurred.
No date has been set for the trial.
Those watching the opening number of the 2009 Tony Awards may have noticed a backdrop descend on the rock singer as he finished his song. His lawsuit states, "Michaels was never told that the scenery piece would be descending or given any warning of the existence of the dangers it presented."
The lawsuit claims the singer continues to deal with the effects of the injury, including brain bleeding that required hospitalization last year.
Michaels' lawsuit adds, "Through his sheer will to live, to see his children grow up, Michaels was able to survive this trauma." Michaels' lawyer, Alex Weingarten, said that the performer tried to resolve the issue without filing a lawsuit but was unsuccessful. "They must be held accountable for almost killing Bret, and that is what we are going to do," Weingarten wrote in his statement.
Neil Patrick Harris hosted the 2009 Tony Awards June 7, 2009, at Radio City Music Hall.