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Theatergoer Says|Clown Attacked Him

MIAMI (CN) - A theatergoer claims a clown in the Tony Award-winning "Slava's Snowshow" jumped on his chest during a show and refused his "repeated requests" to get off him, permanently injuring him. "Slava's Snowshow" won the 2009 Tony for theatrical effects.

Mark Misleh claims the Broadway show and the Adrienne Arsht Center "failed to adequately protect its business invitees."

In his complaint in Miami-Dade County Court, Misleh says that "on or about August 9, 2008, a clown performer for Snowshow negligently jumped onto Misleh's chest, causing him to fall to the ground and sustain substantial and permanent injuries to his back. Despite repeated requests by Misleh for the performer to get off his chest, the performer refused to do so and Misleh had to be taken to the emergency room by paramedics."

Misleh claims that the "Snowshow and Arsht Center failed to advise its business invitees, and specifically Misleh, that performers would engage in such activity during the show and failed to adequately protect its business invitees and otherwise failed to exercise due care in securing its patrons from physical danger."

The show was created by Russian-born performance artist Slava Polunin.

Misleh claims that "as a direct and proximate result of its breach of duty, Misleh suffered substantial and permanent injuries to his back."

Misleh sued Snow Show USA and Performing Arts Center Trust dba Adrienne Arsht Center for damages, including hospital expenses, medical and nursing care, loss of earnings, and aggravation of a previously existing condition.

He is represented by Harvey Rogers.

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