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According to Gavin Cox, he and his wife attended a David Copperfield show at the MGM Grand Hotel and Casino in Las Vegas to celebrate his birthday on November 12, 2013. He and 12 other audience members were picked to participate in a crowd-pleasing disappearing act called “Lucky 13.” A huge fan of magic, Cox gladly joined in, and they were rushed through a backstage area. Cox claims he fell and says he sustained brain damage as a result of the incident, blaming Copperfield, the hotel, and even the construction crew for letting the area be dimly lit and covered in cement dust. Now he’s suing. An attorney for the hotel has said that Cox fell because he missed a step, not because of negligence by the defendants.
Court continues Monday. Copperfield (born David S. Kotin) and executive producer Chris Kenner have testified that before Cox’s allegation, they weren’t aware of anyone being injured during the trick. Plaintiffs brought up testimony from both women who claimed to have fallen during the trick, one in 2002, and in another 2013. The 2002 incident allegedly resulted in a shattered wrist. Cox’s wife Minh-Hahn, who did not participate in “Lucky 13,” testified that her husband was distraught after the trick, and she noticed that he was covered in dust.
The magician said on the stand that when he heard about the lawsuit, he reviewed the backstage area in which the fall allegedly happened and made sure there weren’t any obstructions, including any “lip in the concrete.” He insisted that he took care in reviewing these areas for “every show” so he could best understand what the audience members go through.
[Screengrab via KGET]