2 .

~ 3

~
~

4
5

i
-:::r-N

6
7

John F. Denove, CSN #68825 William M. Karns, CSB #238599 , FILED CHEONG, DENOVE, ROWELL~ BENNETT & KARNliPs Angeles Superior Court A Law Partnership Including Professional Corporations 10100 Santa Monica Boulevard, Suite 2460 (\ Los Angeles, California 90067 ,.. 0 . \'\ JUL 26 2012 (310) 277-4857 Fax: (31 O) 277-5254 ?J,,~\\Jv.... OfIicer/Clertc By Michael H. Silvers CSB #64609 -'\ "\ . John . . S.. . SlEY Oe()lli'; MICHAEL H. SILVERS, A Law Corporation 11500 Olympic Boulevard, Suite 322 Los Angeles, California 90064 (310) 551-0551 Fax No.: (310) 445-9623
A..

31tve
I

I

8 9

Attorneys for Plaintiffs ZONG YU LIU and YAN MEl BAl

N 10
11
12

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES- CENTRAL DISTRICT

13
14

ZONG YU LIU and YAN .MEI BAI, Plaintiffs, v.
NU IMAGE (CALIFORNIA),

CASE NO.

Be 4 89 1 0 1

15 16
17

COMPLAINT FOR DAMAGES FOR: . (WRONGFUL DEATH); AND (2) STRICT LIABILITY
AND DEMAND
THAN$25,OOO]

(1) NEGLIGENCE

18 19
20 21

INC., a Californiacorporation, dba MILLENNIUM FILMS; CHAD STAHELSKI; and DOES 1 through 150, inc1usive, Defendants.

FOR JURY TRIAL

(AMOUNT DEMANDED IS GREATER

22

23 24 COME NOW the plaintiffs, ZONG YU LIU and Y AN of action against the defendants, and each of them, allege:
/I

rT1~~rTl

:>;I"t.'~;:on

MEl~BI~iI=iot ic~~·
::' i¥i.. ~
t'I'I ..

~~r;f~~ :;:~,\,!:j;~

.....

25
~i ~I

!='I ~ g
Q

~

CO-oboQ
...... CJ"..

t.., ;:c ...
.. __

;g

~

-, ~,
1,
""

26
27

;::; ~ ,I»
M 0:1;>-

~,

~,

1/

Oc .....
~..

28

II

...

W

o

(...1m"" rn <:)

....

.:to<

.....

)U"

COMPLAINT

FOR DAMAGES


2 3
4

---_.-

FIRST CAUSE OF ACTION

._---------------

(NegligencelWrongfuI Death as against all Defendants) 1. Plaintiffs are informed and believe, and thereon allege, that at all times herein mentioned, certain actions by defendants in preparation of the acts complained of herein took place within the jurisdiction of the above-captioned court. 2. The true names and capacities, whether individual, corporate, associate, governmental, or otherwise of DOE 1 through DOE 150, inclusive, are unknown to plaintiffs at this time, who therefore sue said defendants by such fictitious names; and when the true names and capacities of said defendants are ascertained, plaintiffs will amend this complaint accordingly. Plaintiffs are informed and believe, and thereon allege, that each of the defendants designated herein as a DOE was negligent and is responsible in some manner for the events and happenings herein referred to and their negligence proximately caused the injuries and damages sustained by plaintiffs as herein alleged, either through said defendants' own negligent conduct or through the conduct of their agents, servants, or employees, or due to their ownership, rental, use, sale, designing, manufacturing instrumentality causing the injury, or in some other manner. 3. At all times herein mentioned, defendants, and each of them, were and are the agents, servants, employees, joint venturers and partners, each of the other, and were, at all such times, acting within the course and scope of said relationship; furthermore, that each said defendant, while acting as aprincipal expressly directed, consented to, approved, affirmed and ratified each and every action taken by his codefendants, as hereinafter alleged. 4. At an times herein mentioned, each of the defendants was the co-tortfeasor of each of the other defendants.
II

5

6
7 8 9 10 11 12
13 14 15 16

or leasing of the

17
18

19
20

21
22 23 24 25
~\

....

,I

26 27

:-.~

"

~,

~,

/1
II
2

~,~

28

JHB

COMPLAINT FOR DAMAGES

1 2 3
4

5.

Decedent KUN LID (hereinafter referred to as "DECEDENT"),

who was born on

September 29, 1985, at all times herein mentioned, was a resident of Beijing, China, not fluent in English, and was unable to read or write English. He died on October 27,2011 due to the alleged negligence of defendants herein. 6. Plaintiffs are the surviving heirs at law of DECEDENT . The relationship of plaintiff ZONG YU LID to DECEDENT is that of father and the relationship of plaintiff YAN MEl SAl to DECEDENT is that of mother.

5 6
7 8
9

7.

Plaintiffs are informed and believe and thereon allege that, at all times herein relevant, defendant NU IMAGE (CALIFORNIA), INC. (hereinafter "NU IMAGE") was and is a California corporation, authorized to business and doing business in the County of Los Angeles, State of California, and at all times herein relevant; authorized to do business and doing business under the fictitious business name of MILLENNIUM FILMS in the County of Los Angeles, State of California.

10
11

12
13

14
15 16

8.

Plaintiffs are informed and believe and thereon allege that, at all times herein relevant, defendant CHAD ST AHELSKI (hereinafter "ST AHELSKI") is and was a resident of the County of Los Angeles, StateofCalifomia.

17
18 19

9.

Plaintiffs are informed and believe and thereon allege that, at all times herein relevant, defendants NU IMAGE and DOES 1 through 20, inclusive, and each of them, were and are engaged in the business of producing, directing, organizing; financing and/or distributing motion pictures throughout the world and, at all times herein relevant, owned, operated, managed and control1ed a production unit in the Country of Bulgaria.

20

21 22
23
10.

Plaintiffs are informed and believe and thereon allege that, at all times herein relevant, defendants NU IMAGE, STAHELSKl and DOES 1 through 50,inclusive, were engaged in the pre-production activities, production, direction, organizing and financing of a motion picture with the title "Expendables 2" which, at the time of the incident alleged herein, was in the process of filming stunts at or near the Ognyanovo Reservoir/Dam in the town of Elin Pelin and near the village of
3
IHO

24 25
;i:1

.. I

", ~,I
~I

26

l' ~, _,

27 28

COMPLAINT FOR DAMAGES

1
2 3 4 5

Ognyanovo in the Country of Bulgaria, and in doing so engaged the resources of their production unit in said country and, in doing so, contracted with other

individuals and business entities in the Country of Bulgari a and other countries, sued herein as defendants DOES 51 through 75, inclusive, in furtherance of said preproduction activities, production and creation of stunts to. be used in the film. As used hereinafter, the term "Expendables 2" shall refer to defendants NU IMAGE,

6
7

ST AHELSKI and DOES 1 through 75, inclusive, and each of them, individually, jointly and collectively, as the case may be, within the context of the production, direction, organization and creation of the film of that name. 11. On or about October 27,2011, and prior thereto, the defendants, and each of them, were responsible for, organizing, planning, setting up, producing, directing, training, coordinating and otherwise preparing for and implementing the stunt wO,rk for

8 9
10 11 12 13 14

Expendab1es 2 at or near the Ognyanovo ReservoirlDam

in the town of Elin Pelin

and near the village of Ognyanovo in the Country of Bulgaria, and in doing so were responsible for ensuring the safety of the participants of the stunts including, without Jimitation, DECEDENT. In this regard, and without limiting the foregoing in any manner. defendants were responsible for making sure that equipment was properly used, equipment was properly fastened, training the participants of stunts, ensuring that the use of explosives and other similar ultra-hazardous effects were properly used, that adequate warnings appropriate permits required to engage in production. 12. Plaintiffs are informed and believe and thereon allege that, at all relevant times, defendants, and each of them, defendants undertook a duty to protect participants of the stunts, including DECEDENT, from foreseeable acts of harm, including harm from the use of explosives and other similar ultra-hazardous special effects. activities used for activities for special

15
16 17

l8
19 20 21 22 23 24 25
~i

were made, and to obtain

~I
~I

~,
$1 \
~I ~I

26

27 28
It:\_L\Liu\plc"<l\Comp"",,I {Liu.llaJlwpd

4

JIIll

COMPLAINT FOR DAMAGES

1 2 3

13.

Plaintiffs are informed and believe and thereon allege that at said time and place, defendants, and each of them, negligently andcarelessly failed to provide adequate

protection from harm to the participants of the stunts, including DECEDENT. 14. On or about October 27,2011, DECEDENT, who was a stuntrnan for Expendables 2 by defendants, was engaged in a stunt in a rubber boat at or near the Ognyanovo Reservoir/Dam in the town of Elin Pelin and, near the village ofOgnyanovo in the

4 5 6 7 8
9 10

Country of Bulgaria, and at said time and place, the defendants, and each of them, so negligently and recklessl y organized.planned, set up, produced, directed, trained,

coordinated and otherwise prepared for and implemented the stunt which involved the use of explosives and other similar ultra-hazardous activities in the rubber boat

11 12
13 14 15 15.

so as to cause an explosion, thereby injuring DECEDENT and causing his death on said date. As a direct and proximate result of the conduct of the defendants, and each of them,

DECEDENT was hurt and injured in his health, strength, and activity, sustaining
injury to plaintiffs body and shock and injury to DECEDENT's person, resulting in DECEDENT's 16. nervous system and

]6
17
18 19 20 21

death on or about October 27,2011.

As a direct and proximate result of the negligence of defendants, and each of them, and of the death of the DECEDENT, plaintiffs have sustained damages resulting from the loss of society, love, comfort, attention, services, and support of

DECEDENT in a sum in excess ofthe minimum jurisdictional to be ascertained at time of trial. 17.

limits of this Court,

22
23
24

As a further and proximate result of the negligence of defendants, and each of them, and of the death of the DECEDENT, plaintiffs have incurred funeral and burial

expenses in a sum to be ascertained at time of trial.

25
Si
..I

", :.,!

26

II II II
5
JIIB

11
.... '.
),i

",

27
28

COMPLAINT FOR DAMAGES


2 3
4 5 6 7 8

SECOND CAUSE OF ACTION

(Strict Liability As Against All Defendants) 18. Plaintiffhereby refers to and by this reference incorporates paragraphs Ithrough 17, inclusive, of this Complaint as though completely and fully set forth herein. 19. Plaintiffs are informed and believe, and thereon allege, that Defendants, and each of them, were, at all times herein relevant, engaged in pre-production activities, preparation of, production and creation of stunts to be used in the film "Expendables 2," which included the use of explosives and other similar ultrahazardous activities for special effects. 20. On or about October 27,2011, and prior thereto, the defendants, and each of them, were responsible for, organizing, planning; setting Up, producing, directing, training, coordinating and otherwise preparing for and implementing the stunt work for Expendables 2 at or near the Ognyanovo Reservoir/Dam in the town of Elin Pelin and near the village ofOgnyanovo in the Country of Bulgaria, and in doing so were responsible for ensuring the safety of the participants of the stunts including, without limitation, DECEDENT, In this regard, and without limiting the foregoing in any manner, defendants were responsible for making sure that equipment was properly used, equipment was properly fastened, training the participants of stunts, ensuring that the use of explosives and other similar ultra-hazardous activities for special effects were properly used, that adequate warnings were made, and to obtain appropriate permits required to engage in production.
21.

9
10

II 12
13 14 15

16 17

18
19

20
21

22

On or about October 27, 2011. at or near the Ognyanovo Reservoir/Darn in the town of Elin Pelin and near the village of Ognyanovo in the Country of Bulgaria, defendants, and their agents and employees, caused, conducted, and detonated an explosion or blast for use in a stunt for Expendables 2.

23
24 25
~i

',1

",

26

II II

'"' 1, -,
~I

~,

27

28

II
6
JHIl

COMPLAINT FOR DAMAGES

22. 2 3 4 5 6 7 23.

Plaintiffs are informed and believe and thereon allege, that at all times herein relevant, the explosion or blast was caused, conducted, and detonated by defendants,

and their agents and employees, near the populated village of Ognyanovo, as wen
as the production staff, actors and stunt people, working on the film Expendables 2, including DECEDENT. At the time of the above-mentioned explosion or blast, DECEDENT was employed

as a stuntman for Expendables 2 and engaged in a stunt in a rubber boat at or near the site of the explosion or blast. 24. As a direct and proximate result of the explosion or blast, DECEDENT was hurt and injured in his health, strength, and activity, sustaining injury to plaintiffs body and shock and injury to DECEDENT's DECEDENTs 25. nervous system and person, resulting in

8
9

10
11 12 13 14 15 16 17 18 19 20 21 22 26.

death on or about October 27,2011.

As a direct and proximate result of the negligence of defendants, and each ofthem, and of the death of the DECEDENT, plaintiffs have sustained damages resulting attention, services, and support of

from the loss of society, love, comfort,

DECEDENT in a sum in excess of the minimum jurisdictional to be ascertained at time of trial.

limits of this Court,

As a further and proximate result of the negligence of defendants, and each of them, and of the death of the DECEDENT, plaintiffs have incurred funeral and burial

expenses in a sum to be ascertained at time of trial.

WHEREFORE, as follows:

plaintiffs pray for judgment against defendants, and each of them,

23
24 25
~
~I

I.
2. 3.

For general damages in a sum to be ascertained at time of trial; For economic damages according to proof at time oftria1; For funeral and burial expenses in a sum to be ascertained at time of trial;

~,

:,1

26

. "., ~,

~,

27
28

1/
/1
7
JHIl

COMPLAINT FOR DAMAGES

4. 2
3 4 5

For costs of suit incurred herein;

5. 6.

For prejudgment interest pursuant to Civil Code Section 3291; and For such other and further relief as this Court may deem just and proper.

Dated: July25,2012

CHEONG, DENOVE,RoWELL) BENNElT & KARNs

6 7
8 9
10

BY:··L~

WILLIAMM. KARNS Attorneys for Plaintiffs

Dated: July 25,2012

MICHAEL H. SILVERS,

A Law Corporation

11
12 13 14 15

MICHAELH. SILVERS Attorneys for Plaintiffs

By:

£

~;~

DEMAND FOR JURY TRIAL Plaintiffs hereby demands trial by jury as to all issues of law and fact to which they
are entitled.

16
17
18 19 20 21

Dated: July25, 2012

CHEONG, DENOVE, ROWELL, BENNETT & KARNS

~~ WILLIAM M. KARNS Attorneys for Plaintiffs

By:

22
23 24

Dated: July 25,2012

MICHAEL H. SILVERS, A Law Corporation

~.
:-' r· ,

25
26

~ 'iCHAEL H. SILVERS Attorneys for Plaintiffs

By;

>4,=

-,

~I

~, ~,

'.

27

28
H.I_lltiu\pl<:ldlCompbint (Liu-BOI).wpd

8 COMPLAINT FOR DAMAGES

JJIJ!

Sign up to vote on this title
UsefulNot useful