Liability Rulings In Lawsuits Over Injuries on Sets

In one case, the Court of Appeal of California, Second Appellate Division, District Seven, decided that Twentieth Century Fox Film Corp. was a special employer immune from tort liability in an injury suit by a crew member of the “Roswell” TV series. Robert Clancey, who had hung drapes to conceal off-camera areas and helped with camera equipment lights and sets, filed an injury set alleging he developed lung disease due to exposure to fiberglass dust from damaged soundproofing materials on the “Roswell” set.

Fox had hired the TV show's crew through Entertainment Partners, a firm that the studio used for hiring and paying production personnel. Clancey claimed that he was an employee of Entertainment Partners, rather than Fox. But the court of appeal concluded, in an unpublished opinion, that Clancey was a special employee of Fox, which thus wasn't liable under the doctrine that workers' compensation is the sole remedy for general and special employees injured on the job. Clancey v. Twentieth Century Fox Film Corp., B167685. Among the factors the court of appeal pointed to were that:

• Fox had the right to control and direct Clancey's activities on the set;
• Fox was ultimately responsible for the production and had the right to fire “Roswell” crew members;
• Clancey had signed an agreement that described him as a “daily employee” of Fox;
• Clancey had worked on the days Fox requested under conditions imposed by Fox; and
• Fox had given Clancey the equipment and tools for his work on the set.

In the second case, the U.S. District Court for the District of Kansas denied a motion by production-company defendants to allow them to compare the fault of an injured worker's employer. Cuiksa v. Hallmark Hall of Fame Productions Inc., 00-1389. Jason Cuiksa, a service technician employed by D&D Rental, was electrocuted on a production set while repairing a boom cart that struck a high voltage wire. Cuiksa filed suit alleging the production-company defendants had been negligent in parking the cart under the power line.