Flight of the Phoenix

(2004)   Tags: Fox

Barry v. TWENTIETH CENTURY FOX FILM CORPORATION

Barry, an Irish national, signed a non-union crew deal memo to work as a camera operator on the film “Flight of the Phoenix.” During the principal shoot, which occurred between October 2003 and February 2004, he also worked as second unit director of photography. In April 2004, Barry signed a separate non-union crew deal memo to work as a director of photography on a miniature shoot for the film.

On June 4, 2004, during the miniature shoot of a simulated airplane crash in Namibia, a model airplane launched off a dolly flew farther than expected and went through the plywood structure from inside which Barry was filming.  Both of Barry’s legs were broken. Nerve damage on his lower left leg caused his foot to claw, which means that his toes curl up and under.  Barry and his wife sued Fox and Flight for negligence.

Judgment: The jury awarded $1,317,000 in economic damages and $2,634,000 in noneconomic damages to Barry, as well as $75,000 for loss of consortium to Mrs. Barry, who also is a respondent in this appeal. The jury apportioned 75 percent of fault to Fox and 25 percent to Flight.