LOS ANGELES – A California seaman who lost three fingers to amputation because of infection on a commercial fishing expedition that was being filmed by a reality TV show production company was denied an appeal by a state appeals court.
On March 12, the California Second Appellate District, Division Two affirmed summary judgment that the Los Angeles Superior Court granted in favor of production company Asylum Entertainment Delaware LLC, which was hired to film footage for National Geographic aboard The M/V Black Jack IV marine vessel.
Appellant Eddy McHenry's hands were sliced with hooks and fish gills while aboard The M/V Black Jack IV in the Gulf of Mexico in 2015. The plaintiff’s injury, deliberations over how to evacuate him and the rescue itself were filmed by Asylum and featured prominently in an episode of the television show "Big Fish Texas," the opinion states.
McHenry filed his suit in 2017 against Asylum and others over allegations they were responsible for his injuries. Asylum filed its motion for summary judgment in March 2018.
“...The medical peril giving rise to the need for rescue was caused by plaintiff’s self-inflicted injuries, not anything that Asylum did,” Associate Justice Brian Hoffstadt wrote in the ruling.
The appeals court also held that based on the lack of statute or regulation, that the production company was not required to assist McHenry with his injuries.
“...Asylum had no duty to rescue plaintiff by helping him get medical attention for his injuries,” Hoffstadt wrote. “...The undisputed facts establish that no special relationship exists between Asylum and plaintiff.”
While an appearance release form that McHenry signed allowed the production company to film him, it assigned no further relationship between the two parties.
“That form did not impose any duty upon Asylum to aid plaintiff,” stated the ruling.
Justices Elwood G. Lui and Victoria Chavez concurred with Hoffstadt.