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'Transformers 3' Stunt Victim Sues Studios

10/5/2010 5:45 PM PDT BY TMZ STAFF

The "Transformers 3" extra who suffered brain damage in a grisly on-set accident just slapped Paramount and DreamWorks studios with a lawsuit for negligence.

Gabriella Cedillo

The lawsuit -- filed in Cook County Court of Illinois -- alleges the studios and location managers for the film were negligent in coordinating and executing a stunt last month in Indiana. 

Gabriela Cedillo was an extra on the set when, as we previously reported, a tow cable being used for a stunt snapped, causing a piece of metal to slice through her skull.

The lawsuit claims a long list of failures on the part of the production team ... among them -- failure to use proper materials and proper welding, failure to provide adequate safety precautions, and failure to keep personnel on set at a safe distance.

The suit also claims the production, "Allowed untrained extras to drive their own vehicles within close proximity to a violent stunt involving large vehicles." Cedillo was driving her own car when the tow cable snapped.

Cedillo's attorney tells us she is completely paralyzed on the left side of her body, and she is currently at a rehabilitation center.

Cedillo is suing for unspecified damages in excess of $50,000. Paramount and DreamWorks did not immediately return our calls for comment.

UPDATE: A rep for Paramount says, "We are all terribly sorry that this accident occurred. The production will continue to provide all the help we can to Gabriela and her family during this difficult time."


58 COMMENTS

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31.

Patricia    

Good Luck! I sympathize with you. I've been on a long 10+ year road of recovery from a stunt gone wrong Severe Head Injury accident on the set of "Rock Star" and sued the producer George Clooney AND WB, and still waiting for my settlement. What will happen is you will get some money but they will rule it "coarse and scope" Workmans comp and them you will have to deal with their insurance companies, denying Drs and proceedures, paying late and ruining your credit - not to mention getting no income from them. Get your SSD right away, and a good Work Comp lawyer. SUE FOR MILLIONS. 500,000 won't even start to cover your medical, I know, my 10+ year totals are close to a million already. GOOD LUCK, CONTACT ME FOR SUPPORT & TMZ SHOULD COVER ALL OF US INJURED!

1292 days ago
32.

Angie    

She wasn't a stunt person she was an extra. I'm also surprised by the amount considering the loss of quality of life. She could be that way for a very long time and she'll never be like she use to be. Maybe they are being humble in the situation and only trying to get her medical expenses paid for. I believe in another story they say she does not have health insurance.

1292 days ago
33.

Michelle    

I've been an extras coordinator on several feature films. Extras drive their own "ND" (non-descript) cars in movies, but NEVER in any stunts. Not even close to any stunt cars or stuntmen. This poor girl should never have been put in this kind of irresponsible danger, and should sue for $50 million easy!

1292 days ago
34.

Zippy T. Pinhead    

I'm thinking about suing Paramount and DreamWorks for forcing Transformers on the public. I was stupid enough to watch most of the first one, and soon after decided to step into the path of the biggest truck roaring down the road if they made a sequel. A person would have to have a child-like brain to think that movie was worth watching. And the people that are considered celebrities these days are nothing more than gutter-trash.

1292 days ago
35.

yessir    

"The amount she's suing for shouldn't be applicable because this sort of thing is usually covered by Worker's Comp. "

NOT TRUE. workmen's comp does not apply to extra's. and even if it did she's under no obligation to take workmen's comp (which only pays you 60% of your lost wages). She has every right to sue to recoup her medical damages and or pain and suffering.

1292 days ago
36.

Sad sad    

Ok, I wasn't the only one thinking the same about the 50,000. I see someone clarified it could be for more. She's lucky to be alive. That's crazy.

1292 days ago
37.

tugboat    

Another point being missed here is the idea that she should sue because she was an "extra" put in a dangerous situation. The point is, even if she was a "stunt" person, negligence is still on the table. If the stunt was rigged wrong or other mistakes and short cuts taken, the position she was in does not define the liability; i.e. the many stunt people injured all the time from incorrect rigging, time pressures etc. I personally have had a close friend killed while just 'watching' a stunt. ive had at least 10 friends/fellow stunt performers retired due to shoddy execution of the stunt by rigger or coordinators. Good Luck Girl....

1292 days ago
38.

Big Mamma Cornbread    

good luck getting older .

1292 days ago
39.

Drew    

hello dummies.. 50k PLUS does not mean 50k.. its means 50kPLUS! as in any number that is MORE THAN 50k.. sheesh im no lawyer but i can take a hint when i see one.. anywho, to the girl who was injured hang in there! Sad situation all around!

1292 days ago
40.

CrisDizzle    

The Transformers movie franchise has made billiions.. sue the hell out of them Garbriela!!!!

1292 days ago
41.

Y do he got    

Hollywood accounting will screw her out of a payoff.Stunt or extra she did NOT setup or invent the STUNT she was in or around...so she was under thier stunt cordinatoring thusly they are legally bound to her trumas.There is not always afine line from extra to stunt...person.STUNT people are rare today with computer digital E/F`s so less and less stunt people onset puts everyone onset in dangers way.THE CROW so on..how much did LEE`s family get?damage is done to her nothing can pay for that.One finger cut off can cost over half a million to put back on.DADDY WAR BUCKS spent muti-millions putting this humpitdumpit back togather again but those days are long since past.She should get a credit in the movie and a cut plus her medicals covered.DO THE STUNT WELL get ripped off fail the stunt and die thats hollywood

1292 days ago
42.

ManiacalZebra    

If the stunt happened in Indiana, why are they suing in Chicago and not Indiana?

1292 days ago
43.

designer    

While I feel very sorry for her, she most likely (and probably excitedly) signed a 'no fault' waiver just so she could be in the film.

Sadly, the worst-case scenario occurred, and she was injured. But, she (I'm sure) signed a piece of paper that said she accepted the risk, and would not hold the folks making the film liable.

Sadly, all of you people who thinks she should sue them for millions of dollars are what's wrong with the lawyer system in this world. Each person needs to assume responsibility for their own lives and own up to the fact that their choices didn't work out quite the way they thought they would.

1291 days ago
44.

lhartwell    

UMMMMM, MORONS......

She is just a regular young adult like many of you. She lives here in the Chicagoland area. She was regular person whom went downtown to be a "lucky" extra. She and others were driving their own vehicles on a closed road in Hammond, Indiana.

A giant hook broke off too soon and ripped HALF of her brain out alomst. She literally has half a brain now. She can't talk, she has no control over her one side at all. AND SHE IS ONLY 19!!!!!

She is like many of you, minding her own business going down to the city and getting a chance to be a major movie. MANY of you would have done the same thing.

For some you to be harsh is disgraceful, she is never going to be the same, and it NOT her fault.

Get some facts BEFORE you all spew your verbal vomit acttacking this poor girl. This accident has been on the news here since it happened. I'm so sorry for her and family.

GGGEEEEZZZZ, and I thought we were the rude ones here in Chicago, man ya'll got us beat. Shameful.

1291 days ago
45.

bettheduck    

What I would like to see before making stupid assumptions is the legal do***ent her lawyers filed on her behalf. Paramount and Dreamworks as corporate entities really did nothing to cause the accident. They have the deep pockets and will ultimately be held responsible though. I saw where certain "location managers" all residing in in and around Chicago were named,as individuals. Collectively these people make about #7500 a week. What are the plantiffs reasons for going after them specifically? Paramount is not going to nor should they lay off any liability on these unfortunate individuals. There are guilds and rules in those guilds who are responsible for on set activity. But that does not mean they committed any negligent act per se. For those of you who think you have knowledge about stunts and extras driving in movies,
I havent read one responsible comment. No one on the set deliberately set out to hurt this woman. No one on the set intentionally placed this woman in harms way. You would be shocked to know the extent productions of this size go through for something like this not to happen. When you think of the physics that took place involving the speed and position of her car, the length of the tow rope and hitch, to smash through her windshield some 500 feet away, it is like getting hit by lightening twice in a day. That has happened but how many times.
If the car had been maybe 15 feet farther up the road, it could have made a dent on her trunk. So get a grip on yourselves. The studios will do the right thing. As much as they can be corporate *******s to the people that work for them, they can also be generous and beyond reasonable when it comes to something like this. Paramount and Dreamworks Spielberg and Bay just want to make movies. Certainly they can be pricks, but do they really want this in their annual report or their resumes.
We and I together went out of our way to deliberately or intentionally hurt this young woman.

1291 days ago
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