is a former world-class gymnast fromChina. (4thAm. Compl., ¶¶ 11-19). She was slated to compete in the 1998Goodwill Games (the “Games”), a quadrennial competition conceivedby Ted Turner and later sold to Time Warner as a consequence of Mr. Turner’s company merging with AOL.
(4th Am. Compl., ¶¶ 20, 22,28). While warming-up for the vault event, Ms. Sang was seriouslyinjured, allegedly through the negligence of Time Warner and otherorganizers of the competition. (4th Am. Compl., ¶¶ 29-34, 55-56).Her injuries are extensive: the fall fractured two vertebrae andinjured her spinal cord, rendering her permanently paralyzed fromthe mid-chest down; she suffers fromadditional complicationsrelated to the paralysis. (4th Am. Compl., ¶¶ 38-52).In the aftermath of the accident, various people associatedwith the Games made public statements regarding Ms. Sang. MichaelPlant, President of the Games, stated that Ms. Sang’s “immediatemedical needs” would be taken care of by insurance. (1998 GoodwillGames Press Conference Quotes dated July 22, 1998 (“July 22 PressConference”), attached as Exh. F to 4th Am. Compl., at 2).
According to the current complaint, the plaintiff’s surnameis Sang, and she is referred to as Sang Lan following the Chinesecustomof placing the surname before the given name. (4th Am.Compl. at 3 n.1). I will therefore refer to her as Ms. Sang.Prior iterations of the complaint referred to the plaintiff as Ms.Lan.
For the sake of simplicity, I will refer to Time Warner,Inc., as well as the various companies involved with the Games thatwere later acquired by Time Warner, Inc., as “Time Warner.”
The exhibit identifiers on the copy of the Fourth AmendedComplaint submitted by Time Warner differ fromthose on thedocketed complaint, which are the identifiers I use here.2
Case 1:11-cv-02870-LBS-JCF Document 140 Filed 04/19/13 Page 2 of 66