Facts

Plaintiff John Doe was the band manager of a band comprised of musicians who had formally played for hit bands of the 60s and 70s. On March 24 2004, plaintiff was in a large tent set up on the grounds of a hotel, preparing for the band's evening performance. At approximatley 11 a.m., as he attempted to walk onto the stage, plaintiff stepped off the walkway or thrust (a four-by-four foot extension running from the top of the steps to the stage) and fell approximately five feet to the ground. Plaintiff landed violently on his left leg.

Six weeks before the accident, the band entered into a contract with defendants Ray Bloch Productions Inc. and Bob Lazar, who in turn, had been hired by defendant Merrill Lynch to provide entertainment for the event. Defendant Merrill also hired defendant Summit Productions Inc. to design the stage, interior layout, dance floor and decor. Defendant Summit hired defendant Regal Rents Inc. to supply and construct the stage and its component parts, including platforms, safety railings, stairs, and black carpet covering the stage.

Under the terms of the contract between the band and defendant Bloch, the band had exclusive control over all creative elements, which were outlined in the standard Rider, attached to and made a part of the contract. The physical stage was the responsibility of defendants Bloch, Summit and Regal.

On March 19, 2004, pursuant to the stage manager's request, the steps at the rear of stage right were moved forward to allow access to backstage right, which had been blocked. In the forward position, the steps were attached to a walkway or thrust, which led and connected to the stage. The manager did not direct defendant Regal to implement the use or construction of a landing or thrust between the steps and the stage. No safety rails were installed on the walkway, making it difficult and dangerous to traverse.

PLAINTIFFS' CONTENTIONS:
The configuration of steps leading to a stage covered with black turf, interrupted by a thrust covered with black turf with no guardrails over a black carpet, constituted a dangerous condition. There were no visual cues. Further, the contract between the band and defendant Bloch provided that defendant was obligated to insure that "all goods, equipment and other materials provided by Purchaser (defendant Bloch) (or at its request or direction) shall be safe, fully operational, and will not cause damage to any person."

DEFENDANTS' CONTENTIONS:
Plaintiff was aware and allegedly complained to defendants of an accident four days before where a band member fell off the thrust.

Injuries

Plaintiff sustained posterior mallcolar and distal figular fractures with dislocation, which required two surgeries. The first surgery was an open reduction with internal fixation, and the second was a calcaneal osteotomy and tendon transfer.

Result

The parties reached a $410,000 settlement.

Other Information

According to defendant Starwood, it paid nothing and was dismissed entirely. Mediator: Hon. James J. Alfano.