Actor Tom Sizemore and the injured stuntman who sued him for $22.9 million after Sizemore allegedly ran over him with a vehicle while drunk on location for the “Shooter” TV series have reached an undisclosed settlement, according to Los Angeles Superior court records.
The court received notice of the settlement between plaintiffs Steve De Castro and De Castro’s wife Carly and defendants including Sizemore on March 28.
A dismissal order was filed April 3, to be finalized when the parties appear at a hearing set for July 2 at the Stanley Mosk Courthouse in downtown Los Angeles. A final status conference is scheduled to follow there on September 13.
In the original suit he filed on October 28, 2016, De Castro described himself as a film industry professional working primarily as a stuntman through his loan-out corporation, Stevie D Corp.
He stated he and Sizemore were on location at the Agua Dulce Airport on July 6, 2016, filming scenes for “Shooter,” the TV version of the 2007 action movie by Mark Wahlberg. Much of the series’ principal photography is filmed in and around the Santa Clarita Valley.
De Castro accused Sizemore of running over him in a Cadillac SUV after shooting a scene, causing multiple injuries to De Castro, who further alleged that Sizemore was under the influence of alcohol at the time. De Castro had to be airlifted from the airport to Henry Mayo Newhall Hospital in Valencia.
Along with Sizemore, De Castro sued Paramount Pictures Corporation; Cast & Crew Talents Services, LLC; Cast & Crew Entertainment Services, LLC; Viacom Inc.; and Does 1-100, Inclusive, et. al.
A trial date was set for April 27, 2018.
De Castro’s wife, Carly, joined her husband as a co-plaintiff in the case, claiming loss of consortium. The couple sued for personal injuries and damages for negligence; peculiar risk; battery; assault; infliction of emotional distress; and loss of consortium.
De Castro alleged that “the defendants, and each of them, so negligently, carelessly, recklessly and unlawfully, owned, drove, maintained, operated, entrusted and controlled said vehicle, so negligently, carelessly, and unlawfully managed, produced, directed, controlled, operated, supervised and produced the filming and production of the above-referenced film production and otherwise so negligently conducted themselves, so as to cause said vehicle to collide with Plaintiff Steve De Castro thereby directly and legally causing the injuies and damages to plaintiffs as hereinafter enumerated.”
The suit alleged that “the injuries and damages described herein were proximately caused by the intoxication and the willful and unprovoked physical acts of aggression of Defendants Thomas E. Sizemore and Does 1-100.”
The suit alleged that Sizemore “became intoxicated knowing he would operate a motor vehicle and then operated said motor vehicle in a reckless, dangerous manner knowing that Plaintiff Steve De Castro and other cast members and bystanders were lying on the ground nearby.”
“As a direct result of the acts and omissions of the defendants, and each of them, the plaintiff was rendered sick, sore, lame, disabled, and disordered, both internally and externally and suffered, among other things, numerous internal and external injuries, severe fright, shock, pain, discomfort and anxiety,” the suit read.
De Castro stated he had been forced to incur expenses for medical care, X-rays and laboratory costs during the period of his disabilities and that he would be forced to incur future medical expenses.
He also stated he believed he will be incapacitated and unable to perform his usual work for an indefinite period of time in the future.
He accused the defendants including Paramount and Viacom of knowing the stuntwork and scene were risky, and that they “failed to take measures to avoid such risk.”
De Castro then accused the defendants of willful and unprovoked aggression by running over his prone body with a motor vehicle, and of failing to terminate Sizemore’s employment with the production after the mishap.
Paramount responded to the court on January 3, 2017, listing six affirmative defenses why the studio was not responsible for either the mishap or De Castro’s injuries.
According to the statement of damages subsequently filed by De Castro’s attorneys on November 3, 2017, De Castro was suing the defendants for pain and suffering ($5 million), emotional distress ($5 million), medical expenses to date ($150,000), future medical expenses ($5 million), loss of earning to date ($300,000), loss of future earning capacity ($7.5 million), a total of $22,950,000.
Following the July 2 hearing in Superior Court to finalize the settlement between the parties, a final status conference is scheduled on September 13.
Sizemore, who has a history of run-ins with the law, was fired from the “Shooter” series several weeks after the Agua Dulce incident after an arrest for domestic violence. According to his IMDB profile, he appeared as Hugh Meachum in six episodes airing in 2016-2017.
Sizemore, whose filmography also includes the movie “Saving Private Ryan” and the rebooted “Hawaii Five-0” TV series, went on to appear in six episodes of “Twin Peaks” in 2017, and has numerous other films and television shows in production.
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