The New York Times reports that the petition asks Disney Theatrical Productions (producers of Little Mermaid) and the Nederlander Organization (owners of the Lunt-Fontanne) to preserve a "prop sailing ship" and the prop's design and repair records for future inspection.
A press statement issued May 10 by the producers of Mermaid said that Bailey "was injured after a fall through a trap door prior to the start of the Saturday matinee. The actor, who fell approximately 20 feet [The Times says Bailey fell between 30 and 40 feet] on to the stage, was conscious and taken to Bellevue Hospital for evaluation."
The original press statement said that Bailey had broken both his wrists during the fall; the New York Times indicates that Bailey's injuries were more severe. At Bellevue Hospital Center Bailey, age 51, was treated for "fractured wrists, a broken back, a shattered pelvis, a fractured sternum, several fractured ribs and a fractured foot." The singing actor has already undergone four surgeries, according to the court petition.
When asked why the extent of Bailey's injuries were not disclosed to the press, Disney Theatrical Productions told Playbill.com May 16 that they had been asked by Bailey's family to remain silent. Disney has released this statement: "Out of respect to Adrian and his family and their request for privacy, we have refrained from making any additional comments in the media regarding his condition. We continue to respect those wishes and our hearts go out to Adrian as he recovers from this serious and unfortunate accident. We have launched a thorough investigation of the circumstances related to this incident and will continue making the safety of our company members our top priority."
Mark Manus, the attorney for the Bailey family, told Playbill.com May 16 that the Disney statement was forwarded to the family Tuesday afternoon, May 13. Disney, Manus said, asked the family if they had anything to add to the release. The family indicated they had nothing to add at that time. Mr. Bailey remains in intensive care.
The New York Post reports that Bailey plans to file a lawsuit. Attorney Manus told the Associated Press, "He didn't break every bone in his body, but he came close."
In addition to Mermaid, Adrian Bailey has been seen on Broadway in Hot Feet, La Cage aux Folles, Dreamgirls, The Wild Party, Smokey Joe's Cafe, The Who's Tommy, Jelly's Last Jam, Prince of Central Park, Legs Diamond, My One and Only, Sophisticated Ladies and Your Arms Too Short to Box with God.
The Little Mermaid plays the Lunt-Fontanne Theatre. For more information visit Walt Disney Theatricals at www.disneyonbroadway.com.