Curry, 23, requested — 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 can 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.
Curry has claimed that the accident was due to malfunctioning equipment, while producers for the musical previously confirmed that "technical elements of the show [were] all in good working order" and "that equipment malfunction was not a factor in the incident."
The actor's lawyer, Tonino Sacco, said in court papers that he has reason to believe that alterations to the lift will be made.
Curry has also asked the court to order the producer, Eight Legged Productions, to turn over any internal reports written after the Aug. 15 accident.
Another of Curry's lawyers, Elias N. Fillas, said the actor remains at Bellevue Hospital, where he was taken immediately after the incident.
Rick Miramontez, a spokesman for Spider-Man Turn Off the Dark, said in a statement, "Everyone at SMTOTD is extraordinary concerned with Daniel's well being. The producers have done an extensive internal investigation and are confident that the production and its equipment were in no way responsible for the unfortunate incident."
Shortly after Spider-Man began previews in 2010, cast member Christopher Tierney was injured when he fell from a raised platform into a pit in the stage of the Foxwoods Theatre. Several other actors endured injuries during the lengthy preview period.