IN THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
HALLE BERRY,
Plaintiff,
v.
ROBERT DOWNEY JR.,
Defendant.
Case No.: [To Be Assigned]
COMPLAINT FOR DAMAGES
(Personal Injury – Pain and Suffering, Negligence)
I. PARTIES
- Plaintiff, Halle Berry (“Plaintiff”), is an individual residing in the State of California and, at all relevant times, was a professional actress engaged in film production.
- Defendant, Robert Downey Jr. (“Defendant”), is an individual residing in the State of California and, at all relevant times, was a professional actor working on the motion picture Gothika.
II. JURISDICTION AND VENUE
- This Court has jurisdiction over the subject matter of this action and the parties hereto.
- Venue is proper in this Court because the घटनाओं giving rise to this action occurred in Los Angeles County, California.
III. GENERAL ALLEGATIONS
- On or about the filming of the motion picture Gothika, Plaintiff and Defendant were engaged in a scene requiring physical interaction.
- During said filming, Defendant negligently, carelessly, and recklessly performed a physical action which resulted in Plaintiff sustaining a serious injury to her arm.
- As a direct and proximate result of Defendant’s conduct, Plaintiff suffered a broken arm requiring medical treatment, rehabilitation, and interruption of her professional obligations.
- Plaintiff endured significant physical pain, emotional distress, and mental anguish arising from the injury.
- The injury forced delays in production, caused professional embarrassment, and resulted in loss of income and future opportunities.
- Plaintiff continues to suffer residual effects, including but not limited to pain, limited mobility, and emotional distress associated with the incident.
IV. CAUSE OF ACTION – NEGLIGENCE
- Plaintiff incorporates by reference all preceding paragraphs.
- Defendant owed Plaintiff a duty of care to act reasonably and safely during the filming of physically demanding scenes.
- Defendant breached that duty by failing to exercise reasonable care and control during the scene.
- Defendant’s breach directly caused Plaintiff’s injuries.
- As a result, Plaintiff has suffered:
- Physical pain and suffering
- Emotional distress
- Medical expenses
- Loss of earnings and earning capacity
- Other damages according to proof
V. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests judgment against Defendant as follows:
- General damages for pain and suffering in an amount to be determined at trial;
- Special damages, including medical expenses and lost wages;
- Compensation for emotional distress;
- Costs of suit incurred herein;
- Such other and further relief as the Court deems just and proper.
VI. DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all issues so triable.
DATED: [Insert Date]
Respectfully submitted,
[Attorney Name]
Attorney for Plaintiff
Halle Berry