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Studio Payout Won't Stop 'Transformers 3' Lawsuit

10/6/2010 6:30 PM PDT BY TMZ STAFF

Although Paramount Pictures is promising to pay hospital bills for the "Transformers 3" extra who was gruesomely injured on the set -- that won't deter her negligence lawsuit ... TMZ has learned.

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Gabriela Cedillo
's attorney Todd Smith tells us Paramount made an offer to cover "reasonable and necessary medical expenses" -- and he says Gabriela just ended a 30-day stint in ICU where she was treated for the skull injuries she suffered last month.

But Smith says the lawsuit filed yesterday on Gabriela's behalf will go forward no matter what. Smith says, "Medical bills are just the beginning ... her ability to earn income is enormously affected."

Smith added Paramount hasn't actually bucked up yet, but he believes they will once Gabriela's current medical expenses are calculated.



47 COMMENTS

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31.

John    

@chevyeater.. first off its a good thing your not her lawyer. She could need PT 3 times a week for then next 5 to 10 years and that alone can be 30k a year not counting inflation or her time wasted.

It might be a accident but people over use that term "accident". If the stunt guy used the wrong size wire or failed to inspect it or did not secure it right etc.. those would not be a accident. What you mean to say is "on purpose" or with malice etc.

Waivers are different for each movie and what your doing. If you just some guy picking his nose in the back of the pub and have one form but they could use a different one for someone using there own car. Most of those "waivers" are used to keep the stupid people from suing.

the studio isnt running to start making payments on bills because that piece of paper is protecting them lol

1485 days ago
32.

Production Assistant    

The waiver she may or may not have signed is as worthless as a used kleenex if her lawyers prove negligence. The studio probably isn't making any payments, other than her current medical bills, because to do so implies they are responsible. That's why lawyers tell you to never say your sorry to someone you may have injured; it can be construed as an admission of guilt. Save the apologies for after the lawsuit. A friend in LA told me that the injured woman's law firm is one of the most feared personal injury firms in america. I hope she is right.

1485 days ago
33.

Chevyeater2    

An extra on the set described the accident to WLS-TV ... saying, "The vehicle was being towed by another vehicle ... the cable between the two vehicles broke. It whipped around and sliced through the woman's car and sliced through her skull, apparently. "

If anyone has ever towed a car with a tow strap knows this only happens if the brakes in the rear are applied ( the one she was in) causing the cable to stretch beyond it capacity.
Not Paramounts fault, not Michael Bays fault, not the stunt itself , a foot on the break pedal caused this accident , nobody else.

1485 days ago
34.

ThinkingWoman    

I'm certain people who were present do feel horribly this happened. It is a dreadful accident, whether or not caused by negligence.

Another extra claiming the victim applied the brake thus causing the accident is beside the point. It only reinforces that having untrained extras involved in or in the proximity of a stunt is negligent behavior.

My best to the victim and her family. Hopefully studios will reexamine current practices and provide safer work environments.

PA, did you work on T3? I understand no one is talking about the accident on set.

1485 days ago
35.

tracy    

I hope her family uses the money on HER and not for them to live the life of luxury.....

1485 days ago
36.

bettheduck    

hat 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.

1485 days ago
37.

Porky    

It's been more than 25 years after the deaths of those kids on the set of the Twilight Zone, kids who were being misused because people running the movie didn't want to make sure things were on the up and up. And now it looks like Hollywood is going back to those dangerous days because it's too cheap to pay the money to ensure safe conditions for it's people.
Take them to the cleaners. The only way big corporations learn any lessons is when they have to pay large sums of money out for their stupidity.

1485 days ago
38.

Normy    

For those of you who say she signed a waiver as an extra, I think as soon as she was involved in a stunt, that became null and void. She automatically should have been considered a stunt person.

1485 days ago
39.

Joogoo    

Just give the poor woman a cut of the opening weekend's gross. Hollywood never changes, it chews up and spits out people like their nothing. This woman literally has lost her life. It was a miracle she didn't die. If she doesn't get anything from the lawsuit, then there is no justice. Bad employers operating a dangerous work environment cannot be allowed to get away without punishment.

1485 days ago
40.

lalaland    

Refreshing to see a lawsuit that isn't frivolous. They're crazy if they think just paying her medical bills compensates her for something that will affect her (both physically and financially) for the rest of her life.

1484 days ago
41.

MiddleClassDayDreamer    

I hope they give to this girl very very generously. If all the cir***stances of the accident are true, then she deserves a whole LOT more than her medical bills being covered.

1484 days ago
42.

Lucas    

In some regards I wish this suit would be tossed. Not that I think she doesn't deserve her medical bills totally covered as well as any rehab costs and coverage for lost wages for a reasonable period.

I think it should be tossed because blame is not being put on the right people. Paramount is being sued but what about the people that put her in the car. They are the ones that deserve the suit and the diss. Part of the job of a Stunt Coordinator is to quadruple check all aspects of all stunts to ensure that nothing preventable will go wrong. They also place the performers and know who the stunt folks are and are not. If this woman was a stunt performer then the Coordinator failed to make sure she had signed the reams of paperwork she should have before she walked on set. If she was not, then the Coordinator failed to keep her out of the danger zone.

And yet the one person who F'd it has not had his/her name and face all over the media. Instead the suits and the trash are going on Paramount as if they actually micromanage all sets

1484 days ago
43.

NoNeed2BeKnown    

"#5 you must be joking. That is ridiculous. You must be american the way you said that so casually. As much as life and lively hood are invaluable, she and her family did not win the lottery. "

#6 you must be an idiot republican for assuming she won't get PAID for what happened it wasn't her fault they were supposed to test everything to make sure things like this don;t happen they ****ed up and they got to pay no matter water your from if something like this happens with a multi-billion dollar company is backing you are sure as fire is hot to get a huge settlement get your head outta your ass. and FYI people get 60-100 mil+ settlements for much less that what happened to this women.

1480 days ago
44.

NoNeed2BeKnown    

"#5 you must be joking. That is ridiculous. You must be american the way you said that so casually. As much as life and lively hood are invaluable, she and her family did not win the lottery. "

#6 you must be an idiot republican for assuming she won't get PAID for what happened it wasn't her fault they were supposed to test everything to make sure things like this don;t happen they ****ed up and they got to pay no matter water your from if something like this happens with a multi-billion dollar company is backing you are sure as fire is hot to get a huge settlement get your head outta your ass. and FYI people get 60-100 mil+ settlements for much less that what happened to this women.

1480 days ago
45.

bren    

i feel sympathy for the girl and she at least deserves to be given some kind of compensation for whats happened to her but come on this is a michael bay film were talking about here, don't extras sign waivers, i mean, you wanna be in a bay film thats the risk your take, i mean even though its likely nothing terrible will happen, you still need to be prepared for the possibility you could get hurt or maybe even killed, lol, when it comes to bay films, i mean the director and his crew always take the proper precautions to make sure their actors and extras are safe during filming but s**t happens and something can go wrong and thats the sort of thing you have to tell yourself stepping on to the set of a bay film

1480 days ago
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