LOS ANGELES (CNS) - A general partner/managing member of the Playhouse Nightclub in Hollywood will remain a defendant in a lawsuit brought by an aerialist who was hurt during a performance at the establishment in 2018, a judge ruled.
Los Angeles Superior Court Judge Yolanda Orozco on Wednesday overruled a motion by attorneys for Robert Vinokur to dismiss negligence and premises liability claims brought against him by plaintiff Adele Vannini in August 2018. Vannini is also suing the nightclub, but the defense motion focused only on the part of the case against Vinokur.
Vannini was at the Playhouse Nightclub on June 14, 2018, to perform a "bottle drop" as part of the evening's entertainment, the suit states. On her second rehearsal, as Vannini was released from the platform, the equipment failed and she plummeted 35 feet to the concrete floor below, breaking a shoulder, wrist, elbow, hip, knee and her nose, the suit states.
Vannini underwent 12 hours of surgery at Cedars-Sinai Medical Center, had two additional surgeries that lasted a total of 11 hours and was hospitalized for 17 days, the suit states.
Vinokur "had an affirmative duty to implement adequate procedures and policies to inspect equipment for defects and dangerous conditions, and to train," Vannini's court papers stated.
In a sworn declaration, Vinokur said he had no fault for Vannini's injuries, saying she signed a release of liability prior to her rehearsals.
"(Vannini) was never hired by my business prior to the subject incident because she was in a rehearsal tryout at the time of the fall," Vinokur said. "Plaintiff was looking for additional money and decided to try out at my business on June 14, 2018."
Vinokur further said his business "does not coerce aerialists to perform or rehearse. If they are not comfortable with the aerial performance or the aerial equipment, the release does not require participation."
Immediately after Vannini's fall, Vinokur's staff called for paramedics and the Playhouse staff provided comfort and encouragement to the plaintiff until they arrived, he said. A member of the Playhouse staff rode with Vannini to the hospital and updated her loved ones about her condition, Vinokur said.
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