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(@age a of 13) ‘Matthew E. Roston, SBN 265944 ROSTON LAW GROUP Fi 3 ||Beverly Hills, California 90212 ‘County ot Lon Angeles Tel, (310) 550-6221 4 || Fax (310) 246-0305 FEB 15 2018 Shep ce Ofer 5 || auomeys for Plaintiff, Donzaleigh Abernathy » eee aoc 6 Gite Robinson 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA : COUNTY OF LOS ANGELES: CENTRAL DISTRICT 9 g 3 acs 94208 0 DONZALEIGH ABERNATHY, CASE NO. fT Plaintiff, UNLIMITED CIVIL CASE 12 || vs. COMPLAINT FOR DAMAGES FOR, NEGLIGENCE, ASSAULT AND BATTERY 13 |] PARAMOUNT PICTURES CORPORATION, 34 || VIACOM INC., OMAR EPPS, AND DOES 1 through 50, inclusive, Defendants. 18 2 For causes of action against defendants, and each of them, plaintiff DONZALEIGH 20 ABERNATHY (hereinafter referred to as “Plaintiff"), complains and alleges as follows 21 -” PARTIES 23 1. The true names and capacities, whether individual, corporate, associate, or otherwise of defendants, DOES 1 through 50, inclusive, are at this time unknown to Plaintiff who therefore sues said defendants by such fictitious names. Plaintiff is informed and believes and thereon alleges that each of || the defendants designated herein by a fictitious name is in some way negligent or responsible for the 2 ||events and happenings herein referred to which proximately resulted in those injuries and damage to the FC 281g Ty M010 gENT gg, TT 4 80:0 O20 89; rE apy; COMPLAINT FOR DAMAGES Doct £ paged £ - Deo rb = 1728932464 - Doo type = ome age 3 of 19) 1 || Plaintiff as herein alleged 2, The true names or capacities, whether individual, corporate, associate or otherwise of defendants, DOES 1 through 30, inclusive, are unknown to plaintiff, who therefore sues said defendants «5 | by such fictitious names, and will ask leave of Court to amend this Complaint when the same have been 6 || ascertained; plaintiff is informed and believes, and upon such information and belief alleges, that each defendant designated herein as a “DOE” was responsible, negligently, or in some other actionable ® 1] manner, for the events and happenings referred to herein, which proximately caused injury and damage 3 1 || Bain as hereinafter allege. i 3. Plaintiffs informed and believes, and upon such information and belief, alleges that at 12 |[all times herein mentioned, defendants, and each of them, were acting as the agents, servants, and/or 13 || employees of the other named defendants, and were within the course and scope of their employment +4 I and with the fll knowledge and consent of each ofthe other named defendants. Bach defendant : subsequently ratified and condoned the conduct of each remaining defendant. vv 4, Plaintiff is an individual and at all times mentioned in this complaint was, a resident of 18 |) Los Angeles, California, Y 5. Atall times herein mentioned, defendant VIACOM, INC. (hereinafter "VIACOM") is 20 and at all times mentioned in this complaint was, a corporation organized and existing under the laws of| 21 199 | the State of Delaware and is qualified todo business in California, Atal imes herein mentioned, 23 || VIACOM was the parent company of Defendant PARAMOUNT PICTURES CORPORATION 24 || (hereinafter "PARAMOUNT") | a 6. tall times herein mentioned, PARAMOUNT is and at all times mentioned in this 6 > || complaint was, a corporation organized and existing under the laws of the State of Delaware and is a ‘og || ualified to do business in California, Atal times herein mentioned, PARAMOUNT was the subsidiary 2 COMPLAINT FOR DAMAGES | ‘oot 1 paged 3 ~ bos 10 = 1728333464 ~ Doc Type = om (rage @ of 13) 1 |) company of Defendant VIACOM. 2 7. Defendant OMAR EPPS (hereinafter "EPPS") is an individual and at all times mentioned 3 in this complaint was, a resident of Los Angeles, California ait . 8, In2016, VIACOM and PARAMOUNT hired Plaintiff as an actress to appear on the 6 || television action series Shooter which began airing on the USA television channel on November 15, 7 |/2016. Plaintiff was hired as an actress to play the role of "Susan Finn' and appear on two of the ten 8 lle , i episodes of the series’ first season. Plaintiff's retention by VIACOM AND PARAMOUNT was limited 9 to appearing on set in Santa Clarita, California for two days, At all times Plaintiff was retained as an actress on Shooter, Plaintiff was an independent contractor. 12 9. In 2016, VIACOM and PARAMOUNT hired EPPS as the lead actor on Shooter to play the role of "Isaac Johnson.” EPPS appeared in all ten episodes requiring him to continuously remain on set under the control of VIACOM and PARAMOUNT, his sole employer, for several months straight. Following filming the first season of Shooter, EPPs has continued and continues to be under the control 17 ||of VIACOM and PARAMOUNT in order to promote and advertise the television program. At all times 18 || EPPS was retained as an actor on Shooter, EPPS was the employee and agent of VIACOM and 19 || PARAMOUNT. 20 10. Plaintiff's scenes were filmed and completed for the second episode of the series "Exfil” 21 i : j 99 |) without incident, 23 11. On May 17, 2016, Plaintiff's scenes were filmed for the fourth episode of the series % ||"Overwateh." In the afternoon, a scene was filmed in the kitchen of a private residence involving % || plaintiff and EPPS (“the Subject Location"). The scene involved EPPS’ character murdering Plaintiffs 2% [|| haacter. Epps was sixteen years younger than the then fity-nine early old Plant, and was significantly stronger and larger in build than Plaintiff. COMPLAINT FOR DAMAGES Deck 1 Paget 4 ~ Doc 1D = 1726333464 - Doo Type = OTHER (cage 5 of 13) a 12, __ The script called for the following action to take place in the scene: "In a quick motion, 2 l/r. Fenn thrusts the knife toward Isaac, who easily grabs her waist, stopping her. But the old woman ; has a lot of fight in her, and swipes at Isaac with her other hand, scratching his neck. Regretfully, Isaac 5 || vses his fre hand to spin her, wrapping his arm around her neck and SQUEEZING, choking her..." 6 13, During the las take ofthis scene, EPPS completely deviated from the script. When 7 | | Plaintiff thrusted a rubber knife towards EPPS with her right hand, instead of easily grabbing Plaintiffs ® | anise as he was supposed to, EPPS negligently, recklessly and intentionally threw his left forearm with 9 1g | il force at Plaintiffs ight arm, EPPs' eft forearm made square contact with Plintfs right forearm 11 |] immediately breaking Plaintiff's ulna bone. 12 14, After EPPS broke Plaintiffs ulna bone in her right hand, he continued with the scene. Following the script, EPPS came behind Plaintiff and wrapped his arm around her neck. EPPS then 14 again deviated from the script. Instead of keeping his hand around Plaintif’s neck as he was supposed 15 1¢ ||'©- EPPS negligently, recklessly and intentionally let go of Plaintiff dropping her to the flor. v 15, When Plaintiff fell to the floor, she landed on the hard kitchen floor injuring her back. 18 |] While a mat had previously been placed on the floor, PARAMOUNT and VIACOM's agents and 19 |! employees negligently failed to place a mat on the floor at the time of the scene causing and contributing| 7° |g Plaintiffs injuries. After Plaintiff sustained ber injuries, production momentarily stopped and im Plaintiff was rushed to the hospital. 23 |} FIRST CAUSE OF ACTION 8 FOR DAMAGES (NEGLIGENCE) a (Against all Defendants) s 16. Plaintiff hereby incorporates paragraphs 1 through 15, inclusive as if set forth in full. . 17. Onor about May 17, 2016, atthe Subject Location, PARAMOUNT, VIACOM, and their 4 COMPLAINT FOR DAMAGES oot 1 fage# § = Doo 1D = 1720815464 - Doo Type = OTHER (age 6 of ay 1 || agents and employees so negligently, carelessly and unlawfully managed and directed EPPS so as to 2 || cause Plaintiff's injuries on set as described above and failed to institute reasonable safeguards to 3 prevent Plaintifs injuries. EPPS performed his duties on set with Plaintiff in a negligent, careless and i reckless, and intentional manner without conscious disregard for the safety and well being of Plaintiff 6 || intentionally causing Plaintiff to sustain serious bodily injuries. As EPPS was PARAMOUNT and 7 || VIACOM's agent and/or employee on or about May 17, 2016, PARAMOUNT is vicariously liable for 5 || Epps actions. 9 to 18. Thatas adieet and proximate result ofthe negligent, reckless and intentional acts and 11 ||omissions of the defendants, and each of them, Plaintiff has and continues to receive severe injuries to 12 || PlaintifPs body and injuries to Plaintiff's nervous system, all of which caused Plaintiff severe pain and 13 |) discomfort and Plaintiff is informed and believes and based upon such information and belief alleges 14 that she will in the future suffer severe pain and discomfort, all to Plaintif?'s general damage in a sum 15 according to proof at the time of trial 16 eer vv 19, That a direct and proximate result of the negligence, carelessness and unlawful conduct 18 || of the defendants, and each of them, as aforesaid, and by reason of the physical injuries so negligently, } 19 |! recklessly and intentionally caused by said defendants, Plaintiff has been required to obtain and 20 ‘continues to obtain the services of doctors, surgeons, physicians, pain management specialists, physical 21 29 || therapy specialists and the like-related professional services, including drugs, medicines, x-rays and 23 || medical expenses, and various sundry items, both present and future. Extensive and major surgical 24 || options have been recommended to Plaintiff. In addition, Plaintiff has suffered loss of earnings, both 2 | present and future; the excet amounts thereof are at this time unknown to Plaintiff, who therefore asks 26 - [love toerve, and it rogue by the Com to amend this Complaint to show the exact amounts thereof 2g || attime of trial. 5 COMPLAINT FOR DAMAGES Dood 1 Pagel 6 ~ Doc TD = 1720332464 - noo Type = OTHER ry) 1 |} 20. That prior to May 17, 2016, Plaintiff was an able-bodied person capable of carrying on 2 || Plaintiff's usual occupation. That as a direct and proximate result of the acts and omissions of the : | defendants, and each of them, and the injuries resulting therefrom, this plaintiff has been unable to carry «out Plaintif’s usual occupation and will thereby suffer damages by reason of loss of income; thatthe 6 |] exact and reasonable amount of said loss of income is unknown to this plaintiff, who will ask leave of 7 || court to prove the reasonable value of said loss atthe time of trial of this action, 8 21, Because of the intentional, outrageous conduct of defendants, Plaintiff is entitled to . F punitive damages - SECOND CAUSE OF ACTION 12 FOR DAMAGES (ASSAULT AND BATTERY) 13 : (Against all Defendants) 7 22, Plaintiff hereby incorporates paragraphs I through 21, inclusive as if set forth in full. 6 23. On or about May 17, 2016, EPPS intentionally caused harmful contact to Plaintiff during *5 | the scope of his agency and employment relationship with PARAMOUNT and VIACOM. Plaintiff did *7 | not consent to the intentional contact % 24. Asa direct result ofthe intentional contact, Plaintif has suffered grievous harm including *° | emotional distress, mental and physical pain and suffering, medical expenses and loss of income. As 70 | such, Plaintiff is entitled to pecuniary and non-pecuniary damages. Because of the intentional, 71 |} utrageous conduct of defendants, Plaintiff is entitled to punitive damages. 22 “ WHEREFORE, Plaintiff prays for judgment against defendants, and each of them, as follows: 2 PRAYER ey % ‘A. In favor of Plaintiff for general damages in a sum according to pro a B, In favor of Plaintiff for special damages for medical services, medication and drugs, hospitalization, x-rays, various sundry items, loss of earings, both present and future, and 28 other incidental expenses, according to proof at the trial; 6 COMPLAINT FOR DAMAGES 7 ook 1 Piged 7 = Doo XD = 1720952468 - Doe "ype = OTHER 1 C. For punitive damages; 2 D. For Plaintiff's costs of suit incurred herein; and 3] | E. For such other and further relief as the Court deems just and proper. 4 ® |Itated: February 12, 2018, ROSTON LAW GROUP 7 8 By: 9 Matthew E. Roston 10 Attomeys for Plaintiff, 7 DONZALEIGH ABERNATHY 2 3 SURY TRIAL DEMANDED 4 i Plaintiff Donzaleigh Abemathy hereby demands a jury trial on all claims, 16 +7 |! Dated: February 12, 2018 ROSTON LAW GROUP a8 19 ee By: 20 Matthew E, Roston 21 Attomeys for Plaintiff, x DONZALEIGH ABERNATHY 23 a a a6 = a 28 7 COMPLAINT FOR DAMAGES Doct 1 Paget 8 - Dos ID = 1726333464 - Doo type = OmER

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