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Jamie Foxx maintains he should be dismissed as defendant in lawsuit
(CNS) Posted Wednesday July 21, 2010 - 2.57pm
Jamie Foxx maintains he should be dismissed as a defendant in a lawsuit by a bartender suing the actor/singer and others for injuries he claims he suffered while working at a party.
William Presler says he was hired to serve at an after-party at the Social Hollywood club for Foxx's "Unpredictable Tour' on April 21, 2007.
During the event, Belvedere Vodka provided an unsecured and unsafe fully sculptured ice bar, he contends.
After serving the entourage, Presler slipped and fell, cut his left hand and underwent surgery that required more than 170 stitches, according to the lawsuit, filed in Los Angeles Superior Court in April 2009.
But in court papers filed Monday, Foxx's lawyers argue that the case should be thrown out against him and his company, Foxx 2007 Tours Inc.
The entertainer's activities that night were ``carefully scripted' and limited to a brief exchange of greetings and a welcoming statement to guests, according to his court papers.
"Neither Foxx nor Foxx 2007 Tours were involved in the planning, organizing, selection of party fixtures, staffing decisions ... associated with post-concert parties,' his court papers state.
"Nor is there evidence that the Foxx defendants created a hazardous condition or (were) even aware that one existed.'
A hearing on the dismissal motion is scheduled Oct. 1.
In addition to Foxx, Presler sued the Social Hollywood club and Belvedere Vodka.
Presler, who holds an undergraduate degree in neuroscience from UC Riverside, says he had to put aside plans to become a brain surgeon.
Jamie Foxx maintains he should be dismissed as a defendant in a lawsuit by a bartender suing the actor/singer and others for injuries he claims he suffered while working at a party.
William Presler says he was hired to serve at an after-party at the Social Hollywood club for Foxx's "Unpredictable Tour' on April 21, 2007.
During the event, Belvedere Vodka provided an unsecured and unsafe fully sculptured ice bar, he contends.
After serving the entourage, Presler slipped and fell, cut his left hand and underwent surgery that required more than 170 stitches, according to the lawsuit, filed in Los Angeles Superior Court in April 2009.
But in court papers filed Monday, Foxx's lawyers argue that the case should be thrown out against him and his company, Foxx 2007 Tours Inc.
The entertainer's activities that night were ``carefully scripted' and limited to a brief exchange of greetings and a welcoming statement to guests, according to his court papers.
"Neither Foxx nor Foxx 2007 Tours were involved in the planning, organizing, selection of party fixtures, staffing decisions ... associated with post-concert parties,' his court papers state.
"Nor is there evidence that the Foxx defendants created a hazardous condition or (were) even aware that one existed.'
A hearing on the dismissal motion is scheduled Oct. 1.
In addition to Foxx, Presler sued the Social Hollywood club and Belvedere Vodka.
Presler, who holds an undergraduate degree in neuroscience from UC Riverside, says he had to put aside plans to become a brain surgeon.
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