Lionsgate filed a motion to dismiss Paz de la Huerta‘s injury lawsuit on Monday, citing the “Boardwalk Empire” actress had failed to “state a claim.” The motion comes two months after the HBO star brought a lawsuit against the studio for injuries she allegedly incurred while performing a stunt for the movie “Nurse 3D.”
Lionsgate claimed de la Huerta was ineligible for further compensation because she “already received workers’ compensation for her alleged injuries,” according to the motion filed in the Supreme Court of the State of New York on Monday that was obtained by TheWrap.
That workers’ compensation “constitutes her exclusive remedy against the Lions Gate Defendants,” continued the motion.
According to de la Huerta’s Oct. 15 lawsuit, the actress sustained “severe injuries and considerable pain and suffering” after being struck by the an ambulance on set in Toronto while filming “Nurse 3D” in October 2011. She claims that a stunt driver — identified as “John Doe” in the suit — “caused his ambulance to strike the plaintiff and knock her to the ground.”
As a result, de la Huerta claimed she “sustained severe injuries and considerable pain and suffering, was confined to hospital, bed and home, was caused to undergo medical treatment and surgery in an attempt to alleviate her injuries, was caused to incur expense for treatment, was caused to incur loss of earnings, and since some of her injuries are permanent, she will continue to sustain similar damages in the future.”
In addition to Lionsgate, the suit names several other defendants involved in the production of “Nurse 3D,” including executive producer Michael Paseornek, stunt coordinator Layton Morrison (who also played “Truck Driver”), cinematographer Boris Mojsovski and director Douglas Araniowski. The actress is seeking unspecified damages.
Both de la Huerta and Lionsgate declined to comment on Monday’s filing.
Pamela Chelin contributed to this report.