McMahon's suit in Los Angeles Superior Court alleges the injury he suffered in a fall at a March 2007 dinner party at TCW Group founder Robert Day's home, was not properly diagnosed by a Cedars-Sinai Medical Center doctor, People magazine reported Friday.

The suit alleges the attending doctor missed the 85-year-old former "Tonight Show" personality's broken neck during his initial hospital visit and the injury wasn't discovered until weeks later.

"We had hoped to avoid a lawsuit, but our discussions were not fruitful and we were left with no other option," Howard Bragman, a spokesman for the popular TV pitchman, told People "That being said, we believe our suit has great merit and we expect a favorable resolution."