Bret Michaels Claim

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SUPERIOR! COURT OF THE STATE OF CALIFORNIAFORTHE COUNTY OF LOS ANGELES

s u p ~ b I 3 ' R K ~ ~MAR 25 Z O ~ l

COMPLAINT FOR:(1) N:EGLIGENCE;(2) NEGLIGENT INTERFERENCEWITH PROSPECTIVEECONOMIC ADVANTAGE;(3) CIVIL BATTERY;(4) NEGLIGENTMISREPRESENTAnON

DEMAND FOR JURY TRIAL

BC45S13SCase No. _

Defendants.

BRET MICHAELS, an individual,Plaintiff,

v.TONY AWARDS PRODUCTIONS, abusiness of unknown origin, WHITECHERRY ENTERTAINMENT, INC., aNew York Corporation, RlCHARDKIRSHNER, an individual: GLENWEISS, an individual, ALAN WASSERASSOCIATES LtC, New York limitedliability company, ALAN WASSER, anindividual, ALLAN WILLIAMS, anindividual, CBS ENTERTAINMENT, adivision ofCBS BROADCASTING, INC.,a New York corporation and DOES 1-100,inclusive,

Alex M. Weingarten (Bar No. 2044I0)[email protected] K. Logan (Bar. No. (36962)jlogan((ilspillaneweingarten.comSPILLANE WEINGARTEN LLP1100 Glendon Avenue, Suite 1200Los Angeles, California 90024Tel: (310) 229-9300Fax; (3 I0) 229-9380Attorneys for PlaintiffBret Michaels

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PlaintiffBret Michaels ("Michaels") alleges as follows:INTRODUCTION

I. Bret Michaels is an internationally renowned musician and entertainer. Aftermore than 20 years in the music business, Michaels - both as a solo act and as the leadsinger of the band Poison - has sold over 25 million records and scored 15 Top 40 singles.Michaels also recently starred in Rock ofLove with Bre! Michaels, which became thehighest rated series in the history of cable television network VHI, and won the CelebrityApprentice. Eternally thankful for the success he has enjoyed, Michaels devotes asubstantial portion ofhis fame and fortune to philanthropic endeavors, working tirelessly forcharities such as St. Jude's Children's Hospital and the Juvenile Diabetes ResearchFoundation, Moreover, Michaels is a survivor, Not only has he survived two decades in ther:I;lusic business, but has also endured diabetes since childhood and a near fatal car crash in1994, The father of two young children, Michaels is still at the top of his game and hiscareer continues to enjoy new heights.

2. In or about the summer of2009, Michaels was approached by the TonyAwards and asked to perform during the show. Despite a rigorous professional schedulethat kept him touring across the nation, Michaels agreed to take a briefrespite from the roadand do the Tony's. A consummate professional Who is familiar with complicated andintricate stage productions, Michaels arrived at the venue for the awards early seeking torehearse and familiarize himselfwith the stage and surroundings. Michaels specificallyasked the producers of the show whether or not they had any particular "blocking"instructions for him - directions about where he should stand or not stand during anyportion ofhis performance. They responded by telling him that there were no specialinstructions and that when his performance was over, he should simply exit from the stagerear.

3, Michaels theniproceeded to rock the Tony's. At the conclusion of hisperformance of the Poison hit Nothin' But a Good Time, Michaels was struck in the head by

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a piece of scenery. The enormous set piece was being quickly lowered for a subsequentperfonnance when it smacked Michaels in the face - throwing him to the ground andultimately sending him to the hospital for X-Rays and stitches with a cut lip and brokennose. Michaels was never fold that the scenery piece would be descending or given anywarning of the existence of the dangers it presented. Quite the opposite, Michaelsspecifically asked for instr\lctions regarding how to exit after his performance and was justtold to walk off the rear of the stage - in what was ultimately the danger zone.

4. Video of the incident immediately spread across the internet like wildfire and,the episode quickly became fodder for tabloids and late night talk show hosts, even

becoming one of the 10 mqst viewed clips on YouTube (notching an estimated 27 millionhits on the site). Despite the fact that they had seriously injured Michaels, spokesmen forthe Tony's had the audacity to publicly blame the singer- claiming that he "missed hismark." Further, despite thi;: fact that they could have prevented the footage ofMichaelsbeing slammed to the ground by the giant set piece from airing, via the standard sevensecond broadcast delay employed with live perfonnances, the Defendants took no suchmeasures - presumably because the incident would lead to greater publicity and ratings forthe show. Accordingly, they literally added insult to injury.

5. As a result of the injuries he sustained during the Tony Awards, inter alia,Michaels was forced to cancel multiple concert dates thllt had already been booked, Then,months later, which is not uncommon when dealing with head traumas, Michaels suffered anear,fatal subarachnoid hemorrhage. Subarachnoid hemorrhage is bleeding in the areabetween the brain and the thin tissues that cover the brain. This area is called thesubarachnoid space. One of the most common causes of this type of hemorrhage is headtrauma - exactly like the one Michaels suffered at the hands of the Tony Awards.Approximately one-quarter;ofplltients suffering from this sort of injury die within the firstweek, with balfnot Hving past six months. The pain associated with this injury is almostunimaginable - Michaels has been quoted in the press as it feeling like he was being

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obfuscate and make e x c u s e ~ . Through this action, Michaels just wants what he has alwaysasked for, what is fair.

PARTIES8.

IIMichaels is a resident ofLos Angeles County who also maintains his principalI

place ofbusiness here as well.

whacked in the head by a bllseball bat over and over again,6. Through his sheerwill to live, to see his children grow up, Michaels was able

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to survive this trauma. AItl10ugh he put a brave face on for the public, the fact is that theinjury left Michaels clinging for his life and in excruciating agony. It was only throughmonths of hard work and dddication - that continue to this day - that Michaels has beenable to reSUme some semblance ofhis life and career,

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Aian Wasser Associates LLF is a limited liability company organized under the laws of the,State of New York with its principal place of business located at 1650 Broadway, Suite

800, New York, New Y o ~ k , 10019 that conducts business in Los Angeles, California.,12. Michaels is informed and believes and based thereon alleges that Defendant!Richard Kirshner is, and at all times mentioned herein was, doing business in the County of

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9. Michaels is in,fonned and believes and based thereon alleges that Defendant,Tony Awards Production iSla business of unknown origin that conducts business in LosIAngeles, Califomia. !

10. Michaels is informed and believes and based thereon alleges that DefendantI!White Cherry Entertainment is a corporation organized under the laws of the State ofNew,

York with its principal p l a c ~ ofhusiness located at 317 Madison Avenue, Ste. 614New York, New York, 1Q017, that conducts business in Los Angeles, California.

III. Michaels is intonned and believes and based thereon alleges that Defendant,

,7. Michaels and :his representatives have made repeated efforts to take the highIroad and come to some r e a ~ o n a b l e accommodation with these Defendants that does What isi_fair. Defendants, however, have failed and refused to do anything other than delay,,

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Los Angeles, State ofCalifornia.13 _ Michaels is iiIfonned and believes and based thereon alleges that Defendant

Glen Weiss is, and at all tirpes mentioned herein was, doing business in the County ofLosAngeles, State of California.

14. Michaels is informed and believes and based thereon alleges that DefendantAlan Wasser is, and at all times mentioned herein was, an individual residing and doingbusiness in the County ofLos Angeles, State ofCalifornia,

15. Michaels is iJilfonned and believes and based thereon alleges that DefendantAllan Williams is, and at all times mentioned herein was, an individual residing and doingbusiness in the County ofLos Angeles, State ofCalifornia,

16. Michaels is informed and believes and based thereon alleges that DefendantCBS Entertainment is a di"iision ofCBS Broadcasting, Inc., a New York corporation, withits principal place of business located at 7800 Beverly Boulevard, Los Angeles, California90036.

17. Michaels is unaware of the names and true capacities of defendants, whetherindividual, corporate a n d / o ~ partnership entities, named herein as DOES I through 10,inclusive, and therefore sues them by their fictitious names. Michaels will seek leave toamend this complaint whel] the true names and capacities ofDOES I through 10, inclusive,are ascertained. Michaels is informed and believes, and based thereon alleges that theabove-listed defendants and DOES I through 10, inclusive, are in some manner responsiblefor the wrongs alleged herein, and that at all times referenced each was the agent and

Iservant of the other d e f e n d ~ n t s and was acting within the course and scope of said agencyand employment.

18. Michaels is infonned and believes, and based thereon alleges, that at allrelevant times herein, each of the defendants, including DOES I through 10, inclusive(collectively "Defendants") directed, knew or reasonably should have known of the acts andbehavior alleged herein amI the damages caused thereby, and by their actions and/or

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$25,000.00.

20.

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inaction directed, ratified and encouraged such acts and behavior. Michaels further allegesthat Defendants had a non-delegable duty to prevent such acts and the behavior describedherein, which duty Defendants failed and/or refused to perfonn.

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I .ruRISDICTION AND VENUE19. Jurisdiction i$ proper in this Court as the amount in controversy exceeds

!IIVenue is p r o ~ e r in this Court because Michaels is a resident ofLos AngelesI!County, as is at least one o(the Defendants.

FIRST CAUSE OF ACTIONNEGLIGENCE

Against All Defendants21. Michaels incfrporates by reference each of the allegations contained in

paragraphs I through 20, i*lusive, in this claim for relief.I22. Defendants owed a duty to exercise the use ofordinary care to prevent injuryIto others, including Micha9ls.

23. Defendants breached their duty to Michaels by failing to act in a manner,consistent with the standar4 of care exercised by the average reasonable person.

24. Defendants' negligent acts or omissions were a substantial factor in bringingabout Michaels' lnj ury.

25. As a direct aqd legal result of said conduct, Michaels has suffered substantialinjury causing damages in an amount according to proof at trial, but in no event less than theijurisdictional minimums oflthis Court.

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I SECOND CAUSE OF ACTIONNEGLIGENT INtERFERENCE WITH PROSPECTIVE ECONOMIC

ADVANTAGEAgainst All Defendants

26. Michaels inc0rporates by reference each of the allegations contained in-6-

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paragraphs I through 25, inclusive, in this claim for relief.27. Michaels had! concert tour dates booked for dates immediately following the

Tony Awards in 2009. He ,also had multiple other dates and professional engagements inthe months and year f o l l o ~ i n g the 2009 Tony Awards.

28. Defendants owed a duty of care to the Michaels based on the existence of aspecial relationship between the parties.

29. Defendants ,,:rongfully interfered with the relationship between Michaels and!promoters for the concert t9ur dates at issue.,30. As an actual ;md foreseeable result ofDefendants' negligent interference,

Michaels has suffered dam*ges in an amount to be proven at the time of trial, but in noevent less than the j u r i s d i c t ~ o n a l minimums of this Court.,

1'lHRD CAUSE OF ACTIONCIVIL BATTERY

Against All Defendants31. Michaels incorporates by reference each of the allegations contained in

I,paragraphs 1 through 30, irlclusive, in this claim for relief.,,32. Defendants iIitended to lower the enormous scenery piece onto the stage at the

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conclusion ofMichaels' performance during the Tony awards, This piece ultimately struckI,Michaels in the head in a h ~ r m f u l and offensive manner,

33. This contact, ~ h i c h resulted in Michaels being thrown to the ground with a,broken nose and bloody lip'was harmful and offensive to a reasonable person. The contact

ultimately led to Michaels suffering from a subarachnoid hemorrhage.!

34. Michaels did hot consent to the contact with the set piece.35. As an actual dnd foreseeable result ofDefendants' civil battery, Michaels has,

sustained damages in an amount to be proven at the time of trial, but in no event less thanthe jurisdictional minimums of this Court.

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FOURTH CAUSE OF ACTIONNEGLIGENT MISREPRESENTATION

Against All Defendants36. Michaels incorporates by reference each of the allegations contained in

iparagraphs I through 35, inclusive, in this claim for relief.37, Defendants, ~ n each of them, affirmatively misrepresented to Michaels that

when his performance was pompleted, that he should simply exit to the rear of the stage andthat there were no special \Y"rnings or blocking instructions ofwhich he must take heed,

38. These r e p r e s ~ n t a t i o n s by Defendants, and by each of them, to Michaels wereofmateria! facts, essential tp the actions undertaken by Michaels and such that Michaels

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would not have acted as he 'did without such representations.39. Ddendants, and each of them, made these unwarranted and untrue negligent

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misrepresentations to M i c h ~ e 1 s without any reasonable ground for believing them to be true,40. Defendants, and each of them, intended to induce Michaels to act in reliance

Ion these negligent m i s r e p r e ~ e n t a t i o n s and to alter his position based on their negligentImisrepresentations. I

41. Michaels actually relied on the negligent misrepresentations made byI

Defendants, and by each of ithem, to his detriment. Moreover, Michaels' reliance onDefendants' negligent misrepresentations was justifiable, reasonable and foreseeable.,,

42. As an actual ~ n foreseeable result ofDefendants' negligentmisrepresentation, Michaels has suffered damages in an amount to be proven at the time of

"trial, but in no event less than the jurisdictional minimums of this Court.I

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WHEREFORE, Michaels fquests the following judgment against Defendant:

I. For an order of c ~ m p e n s a t o r Y , special, consequential and incidental damagesicaused by the cohduct ofDefendants, and each of them, in an amount to beiiproven at trial btl! in no event less than the jurisdictional minimums ofthis Court;i

2. For an order of ekemplary and punitive damages according to proof;!

3. For interest, reasonable attorneys fees and costs of suiI.II 4. Such other and further relief as the Court deems just and proper.

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Dated: March 25, 2011

PRAYER FOR RELIEF

SPILLANE WEINGARTENLLPAlex M,Jeffrey . LfJI!1JJJll

By: - \ - -+-J-- \ - - - - - - -

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DEMAND FOR JURY TRIALPlaintiffBRETMICHAELS demands a trial by jury.2

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Dated: March 25, 20 II

SPILLANE WEINGARTEN LLPAlex M. WeingartenJeffrey 0 n

By: - ' d f ' " - . . L - : - ! ' I - - " : ~ : - : : - - - ; - - - -

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SHORTTITLE; Bret Michaels v. Tony Awards Productions, el al.

IcASE NUMSER

Item III. Statement 01 Location: Enter the address oflhe accident, party's residence or placeolbusiness. performance. or othercircumstance indicated in Item II" Step 3 'on Page 1, as the proper reasOn lorfiling in the court locetlon you seleoted.I,

IA D D I ' : ~ S ~IREASON: Check th9 approprlatG boxes f()f tho n'llmbo"," StlOWfIundiljf ColumQe fQr thB typi:/ of l'Ietlon thllt you have i5.IKMCI ~ o :2367'9 ClillabasB5 Rd #34&t h h J . ~ l ' J e _ I

01. 02. d3 , 04. OS. De, 07. 08.! 09. 010.CITY; STATE: ,I Z l I l ' C O ~ :Calabasas CA ! 9 1 3 0 ~

, .118m IV. Doc/aratlOn ofAssignmon/; I d"Clare u ~ d e r penalty of p ~ ~ u r y under the laws 01 the Stat. of california that the foregoing is true~ n DOrrecl and t h ~ 1 the ~ b Q v e - e n t l t l e d m a t t ~ r is p " , p e ~ y filed for assignment to toe Slanley Mosk DOurthouse in theCentral District 01 the Superl6, Court 01Caillornia, County 01 Los Angeles de Clv. Proc., 392 et seq" and LooalRule 2.0, 8ubds. {b}, (0) ond (dl],

Dated; March 24, 2011{5JGMl

PLEASE HAVE THE FOl.-lOwllI lG ITEMS COMPI.-ETED AND READY TO BE FII.-ED IN ORDER TO PROPERLYCOMMENCE YOUR NEWCOURTCASEfI1, Original Complaint or Petition.

2. II filing a Complaint, a oompleted $ummons lorm lo r i. .uance by the Cierk.3. Civil Case Cover Sheet, Judicial ~ o u n c i l lorm CMO1O.4. Civil Case Cover Soee! Addendu,/, and Stalement of location lorm, L-ACIV 109, L-ASC Approved 0304 (Rev.03/11).5. Payment In lull 01 the fil ing fee. un,less lees have been waived.6. A signed order . p p o i n ~ n g the Guardian ad L-Item, Judlci.1 Council lorm CIV-Ol O. lithe plaintiff or petitioner is aminor under 18 years of age will b required by Court In order to issue a summons.7. Additional copies 01 documents lei be conformed by tM Clerk. Copies 01 the cover sheet and this addendummust be served along with the s u ~ r n c n s and complaint, or other initiating pleading in the case.

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LACIV 109 (Rev. O:ll11)LAse ApproVed 0304

CIVILl CASE COVER SHEET ADDENDUMAND STATEMENTOF LOCATION Local Rule 2.0Page 4 014

Bret Michaels Claim

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