Veteran Stuntman Claims Age Discrimination in Worker Injury LawsuitOctober 16, 2015
A Hollywood stuntman claims in his worker injury lawsuit that age discrimination and a malicious tackle on a film set ended his 35-year career. B.J. Davis was 60 years old when he signed on as a stunt performer for “The Amazing Spider-Man 2” in 2013. Mr. Davis claims that the film’s stunt coordinator, James Armstrong, engineered an incident that led to the end of his career. The incident prompted Mr. Davis to file the worker injury lawsuit against Mr. Armstrong, his stunt services company, and Sony Pictures, the studio behind the “Spider-Man” films.
Details of Worker Injury Lawsuit
Mr. Davis filed his worker injury lawsuit on October 8, nearly two years after filming wrapped on the superhero film. He claims that Mr. Armstrong “made no secret of the fact” that he believed that Mr. Davis “was too old to work as a stuntman.” The worker injury lawsuit claims that Mr. Armstrong ordered another stuntman to make a blindside tackle on Mr. Davis. Mr. Davis alleges that the performer tackled him with the intent of injuring him, and causing him to drop out of the film, on orders from Mr. Armstrong.
Worker Injury Lawsuit Cites Nerve Damage, Surgeries
The worker injury lawsuit claims that Mr. Davis suffered nerve damage to his left arm, as well as neck, back and tooth pain, from the malicious tackle. He also alleges that the numerous surgeries after his injuries effectively ended his career as a stuntman. Documents from the worker injury lawsuit also claim that Mr. Davis was punished for leaving the set to get treatment for his injuries and filing a workers compensation claim. Mr. Davis is seeking $50,000 on 13 counts, including discrimination, retaliation and intentional infliction of emotional distress.
Worker Injury Lawsuit Claims Unequal Treatment
Mr. Davis also mentioned several other incidents in his worker injury lawsuit. He cited numerous times he was “purposely ostracized” during filming. He alleges that Mr. Armstrong tried to prevent him from getting a job on the New York-based film by telling him that only New York-based stunt performers were being considered for the job. The worker injury lawsuit claims that younger, Los Angeles-based stunt performers were flown to New York and provided with luxury accommodations for the film, while Mr. Davis paid for his transportation and lodging while in New York.
Worker Injury Lawsuit Cites Unprofessional Behavior
The worker injury lawsuit also lists several instances of unprofessional behavior on the set. Mr. Davis claims that Mr. Armstrong supplied him with “broken radios or radios with dead batteries” to prevent him from communicating with fellow cast and crew members. He also claims that, although many of his scenes made the final cut of the film, his name does not appear in the end credits. The worker injury lawsuit also names Columbia Pictures Industries, Sony Pictures and Marvel Enterprises among the defendants.
Source: Entertainment Law Digest
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