By Michael Gioia
11 Feb 2014
As previously reported, Curry, 23, previously took legal action in September 2013, requesting — in papers filed Sept. 16 in the Manhattan Supreme Court — that the mechanical device at Broadway's Foxwoods Theatre not be altered until his experts could examine, photograph and test it. During the show's second act, Curry fell off the lift, and the stage closed in on his right ankle.
The latest complaint filed by Curry claims that "…while riding the lift, the plaintiff was caused to sustain serious and protracted permanent injuries as a result of the lift and stage coming into contact with his person" and "at the time of the incident, the lift had no safeguards to protect the plaintiff from hazard(s)…"
Additionally, "The plaintiff used said product, designed, manufactured, sold and/or leased by defendants in accordance with the instructions" and "the aforesaid product was inherently defective in both design and manufacture, and unsafe, inadequate and unfit for the purposes for which designed, manufactured, sold and distributed by defendants."
According to the New York Times, a spokesman for the Spider-Man producers has maintained that Curry's injuries were the result of human error and that the actor has undergone "surgeries and amputations."
According to the complaint, "Due to defendants' negligence, plaintiff Daniel Curry is entitled to damages in an amount exceeding the monetary jurisdictional limits of all lower courts which would otherwise have jurisdiction."
Curry is suing the producers, led by Michael Cohl and Jeremiah J. Harris, and several engineering and technology firms that worked on the show, as well as the owners of the Foxwoods Theatre and the musical's general manager, Alan Wasser Associates.
Spider-Man Turn Off the Dark ended its Broadway run Jan. 4 at the Foxwoods Theatre.
A spokesperson who represented the Broadway production has not responded to Playbill.com's request for comment.