Trial Magazine

Eight acrobats with the Ringling Brothers and Barnum and Bailey Circus were performing at the Dunkin Donuts Arena in Providence, R.I. One of their stunts—the Medeiros Hair Hang Act—was an aerial act in which they hung from an apparatus more than 20 feet above the floor. It was designed such that the entire apparatus, including the acrobats, was suspended in the air at one connection point via a single carabiner. During the performance, the carabiner failed, and the acrobats fell to the ground. The apparatus fell on top of them. All eight of the performers suffered severe life-altering injuries.

They sued SMG—the entity responsible for managing and operating the arena—and the Rhode Island Convention Center Authority (RICCA), the owner of the arena. Suit against SMG alleged failure to inspect and approve the design, engineering, and rigging for the Hair Hang Act to ensure that the apparatus and support system were safe and complied with industry standards for rigging safety. Suit against RICCA claimed that it negligently allowed the act’s apparatus to be constructed on its property in an unsafe manner.

The parties settled at mediation for $52.5 million.

Citation: Balanicheva v. SMG, No. PC-2016-3137 (R.I. Super. Ct. Providence/Bristol Cty. Oct. 2020).

Plaintiff counsel: AAJ members Zachary M. Mandell and Mark M. Mandell, both of Providence, R.I.; and AAJ members Robert A. Clifford and Jack J. Casciato, both of Chicago.

Plaintiff experts: Peter Ashwin, risk management, Montreal; David R. Custer, carabiners, Cambridge, Mass.; Thomas W. Eager, engineering, Belmont, Mass.; Gil Fried, arena management, West Hartford, Conn.; Bob O’Shea, engineering, Naperville, Ill.; Frantzer Leblanc, public assembly management, Baltimore; William E. Sapsis, arena rigging, Philadelphia; and Bart Whitaker, arena management, Virginia Beach, Va.

Defense experts: Darius U. Dunn, arena management, San Antonio; Delbert L. Hall, arena rigging, Johnson City, Tenn.; James Heath, arena rigging, Nelson, British Columbia; Adonis “Sport” Jeralds, arena management, Charlotte, N.C.; and Kevin W. Spence, arena management, Hampton, Va.