LOS ANGELES -- Warner Bros. Inc. contends the 6-year-old actress killed in a helicopter crash during filming of the 'Twilight Zone' movie last year 'knowingly assumed' the risk of shooting the scene, it was reported Friday.
The studio made the claim in its response to the $200 million wrongful death suit filed by the parents of Renee Shinn Chen, the Los Angeles Herald Examiner said.
The response said, 'That if the plaintiffs suffered or sustained any loss, damage or injury ... the risk, if any risk there was, was knowingly assumed by the decedent.'
Jerome Berchin, the attorney for the girl's parents, said he was 'emotionally outraged' when he learned the studio planned to use assumption of risk on the part of the deceased as its defense.
Berchin said no other defendant in the wrongful death suit has used that defense except Burbank Studios, which is represented by the same law firm as Warner Bros. -- the prestigious Los Angeles firm of O'Melveny and Meyers.
Director John Landis, in his response to the Chen suit, placed the assumption of risk on the girl's parents. Landis alleged that the parents permitted her 'to film a motion picture at night, knowing that a helicopter and motion picture special effects would be used.'
Renee was killed along with actor Vic Morrow and Myca Dinh Le, 7, last July 23 when flying debris from a special effects mortar struck the helicopter, knocking it out of the sky.
The Los Angeles County Grand Jury will investigate the case to determine if there was any criminal wrongdoing with hearings beginning May 31.
Helicopter pilot Dorsey Wingo has filed suit against Warner Bros., Landis, producer Steven Spielberg and the movie's entire special effects crew. Wingo is seeking indemnity from any damages that may be awarded in the wrongful death actions already filed.
Wingo, who is facing loss of his license, is also seeking unspecified damages for personal injury and emotional distress he claims resulted from the tragedy.
