A judge Wednesday denied a motion by the producers of Kate Beckinsale’s 2024 film “Canary Black” to dismiss the actress’ lawsuit in which she alleges she suffered a serious knee injury while being asked to perform stunts on the fast-paced action movie.
Attorneys for Anton Entertainment Media Services Inc., Canary Black Ltd. and producer John Zois argued before Los Angeles Superior Court Judge Jerrold Abeles that Beckinsale’s claims belong in the workers’ compensation arena.
“The paucity of these allegations reveal that (Beckinsale), whether for publicity or monetary gain, is attempting to spin a garden-variety workplace negligence claim into something larger,” the producers’ attorneys stated in their previously filed court papers. “Lawsuits like this one, which seek compensation for workplace injuries, are barred by the Workers’ Compensation Act.”
But in his 14-page ruling, the judge said Beckinsale can move forward with her lawsuit because the pleadings do not include allegations that undoubtedly show that Beckinsale was the production company’s employee as a matter of law, but instead that she actually had considerable control over the means of completing the film.
“It is not clear to the court, based on the facts alleged in the (current complaint), that plaintiff’s employment contract was signed in California or that she worked regularly in California such that the Workers’ Compensation Act would apply,” the judge wrote.
Abeles also said Beckinsale, 52, had provided enough facts for now to support her claims for battery and intentional infliction of emotional distress. The judge scheduled trial for May 24, 2027, but the defense will have another chance to mount a challenge to her claims again later with a motion for summary judgment.
Beckinsale’s lawsuit was originally filed last Dec. 6 with the actress identified only as a Jane Doe. The complaint was amended on May 21 with her full name. Beckinsale is the lead actress of the action-thriller film and during production in Croatia in late-2022 and early-2023, she was “repeatedly exposed to unsafe and dangerous conditions,” ultimately resulting in suffering “severe and debilitating injuries” that included significant trauma to her left knee, the suit states.
Throughout the filming, Beckinsale and her team repeatedly raised red flags about unsafe conditions on and off the set, including long, dangerous set days that often lasted 15 hours, plus inadequate equipment and medical personnel to help manage the high physical workload, the suit states.