On June 3, 2004, plaintiff Ciaran Barry, 42, a photography director, was working on a miniature shoot for the film “Flight of the Phoenix” in Namibia, Africa. The plaintiff was filming a scene in which a miniature airplane model crashes into a sand dune after being launched off a ramp. As the scene was being shot, Barry was struck by the airplane model, injuring both legs.
Barry sued production companies Twentieth Century Fox Film Corporation and Flight Productions Inc. The plaintiff alleged that the defendants failed to provide a safe work environment and failed to conduct proper testing for the subject shoot.
Twentieth Century Fox denied liability, noting that the company only licensed the film, and had nothing to do with its day-to-day production.
Flight Productions argued that Barry was subject to the exclusive remedy provisions of the Cal. Labor Code, and was covered by workers’ compensation. The company further claimed that it was not negligent, and did not cause Barry’s injuries.
Barry responded that he was not hired in California and the injury did not occur in the Golden State. Therefore, the plaintiff claimed that he wasn’t covered under the exclusive remedy provisions and was not owed workers’ compensation.
Barry sustained displaced fractures to his distal tibia and fibula of his left leg, and a less severe fracture to the neck of the fibula of his right leg. His left leg was treated with open reduction-internal fixation surgery, while his right leg went untreated. Medical specials were unspecified.
The plaintiff was initially out of work for six months, and did not return to full-time work until 11 months after the accident. He sought $130,000 in past lost earnings for four projects he allegedly missed — three feature films and one TV movie — one of which he was contracted for. He sought $416,000 in future lost earnings due to his reduced physical state, which was estimated to be four weeks out of every remaining year of his career. The plaintiff additionally sought $900,000 in damages for his lost earnings capacity, estimated to cover a five-year span.
Barry claimed that he is now limited in walking and using stairs, and sought additional damages for past and future pain and suffering.
His wife, plaintiff Elizabeth Barry, sought damages for loss of consortium.
The defense contended that there was no evidence that Barry was disabled or would be unable to work in the future. Counsel further argued that the plaintiff had an engineering degree and could find employment in that field.
The jury awarded $4,026,000 and apportioned fault as follows: Twentieth Century Fox, 75 percent; and Flight Productions, 25 percent.
Ciaran Barry
$2,634,000 Personal Injury: noneconomic
$1,317,000 Personal Injury: economic
Elizabeth Barry
$75,000 Personal Injury: loss of consortium