(CN) – A Blue Man Group stagehand cannot collect damages from an ankle injury he suffered on the job, an appellate division of the New York Supreme Court ruled.
Burgess Tomlinson was carrying a heavy prop in a sling upstairs. He said he “misstepped” and felt a sharp pain in his ankle.
The Second Department Appellate Division, based in New York City, agreed with the trial court’s ruling that the blue-faced theatrical music group committed no negligence that caused Tomlinson’s injury.
“The plaintiff failed to submit evidence sufficient to raise a triable issue of fact,” the judges wrote.