Injured Broadway actor prepares lawsuit

May 15, 2008 6:51:35 PM PDT
An actor who was badly hurt when he fell onstage during the Broadway musical "The Little Mermaid" has asked for a court order to preserve a stage prop for a lawsuit he is planning. Adrian Bailey's petition, filed in Manhattan's state Supreme Court, says the prop - a boat - must be saved so his lawyers and consultants can examine it.

The 51-year-old actor was taking his position for the first scene on Saturday when he fell through an open trap door on the boat's bottom and plummeted to the stage inside the Lunt-Fontanne Theatre.

Bailey's court papers, filed Wednesday, say he fell 30 to 40 feet, breaking both wrists and his back, sternum, ribs, foot and pelvis. He has undergone four surgeries.

"He didn't break every bone in his body, but he came close," said his lawyer, Mark Manus.

Disney Theatrical Productions, the musical's producer and one of the defendants, issued a statement saying it was investigating the incident and saw company members' safety as its top priority. The production company said it would not comment on Bailey's condition, at his family's request.

"Our hearts go out to Adrian as he recovers from this serious and unfortunate accident," the statement said.

A call to the Nederlander Organization Inc., which owns the Lunt-Fontanne, was not immediately returned.

Bailey, originally from Detroit, is a Broadway veteran who has appeared in "Smokey Joe's Cafe," "Legs Diamond," "Jelly's Last Jam," "Your Arms Too Short to Box with God," and many other shows.