It’s no illusion: Copperfield, MGM risk more than money with ongoing litigation

David Copperfield is world famous for making things vanish right before our very eyes, but this past week in District Court he looked like a magician without a trap door.
Dressed in a dark suit and lacking his usual flair, Copperfield sat in the middle of a crowded defense table in District Judge Mark Denton’s courtroom. The New Jersey-born illusionist, who has entertained millions around the world in showrooms and television specials, found himself on a stage he couldn’t command in front of an audience not easily charmed.
There wasn’t much reason to smile. A few feet away sat plaintiff Gavin Cox, who suffers from the effects of a brain injury his attorneys allege was received during a fall at a Copperfield show on Nov. 12, 2013 at the MGM. Cox wasn’t just any fan, his co-counsel Benedict Morelli assured jurors during Monday’s opening statements. He idolized Copperfield.
It was that super-fan’s devotion that brought Cox and his wife from their home in Surrey, England to Las Vegas for the birthday present of a lifetime. That adulation gave Cox the push to volunteer along with a dozen or so other show attendees to participate in Copperfield’s “Lucky # 13” illusion, a trick which appears to transport a group from the stage to the back of the showroom in what feels like seconds.
To no adult’s surprise, there’s no secret words or magic transporter. Participants are led quickly through a maze of twists and turns, first backstage, then outside the building briefly before returning through a restaurant kitchen and back to the front of the showroom.
Although thousands of others had managed to complete the brisk walk without incident, it was during the “run around” portion of the trick that Cox took a header and separated his shoulder. He was later diagnosed with a brain lesion, and today suffers from permanent damage. He’s seeking unspecified damages in the negligence lawsuit, but his medical costs to date are estimated at approximately $400,000.
Morelli called it “obviously dangerous.” Copperfield-MGM attorneys countered that accidents happen.
And I tried to imagine what the billionaire illusionist and the multibillion-dollar casino corporation hoped to gain by taking the case to trial. It’s not much of a stretch to imagine Cox may appear a victim to jurors. Nor does it make a lot of sense to risk exposing Copperfield’s illusionist routine to the public. (His attorneys have tried unsuccessfully to bar the press from the courtroom.)
MGM has more than money at stake. In the wake of the nightmare of the Oct. 1 mass shooting associated with its Mandalay Bay property, the casino giant faces the potential of many years of complex litigation. Its brand is on the line, and all eyes will be watching for the slightest legal legerdemain.
The Cox-Copperfield mess, while diminutive by comparison, threatens to make behemoth MGM appear insensitive to a man with a brain injury. With Morelli doing the punching, the company may end up looking sloppy when it comes to ensuring the safety of its visitors.
Copperfield, a monumental earner, appears to have had the run of the house. When Forbes calls you the most commercially successful magician in history and estimates your net worth at $900 million, you’re not just sawing assistants in half. You’re one of the world’s major entertainers. With 21 Emmy awards and more than three dozen nominations, it’s impossible to argue with Copperfield’s celebrity and success.
Las Vegas loves a winner. He enjoys the sort of privileged place reserved for the Boulevard’s biggest stars. Over the past decade at MGM, Copperfield has ranked with boxing king Floyd Mayweather as a major attraction.
In an emotional opening statement, Morelli told jurors, “We’re not here to prove that David Copperfield is a bad person. We’re not here to prove that MGM Grand is a bad company, or that any of the other defendants are bad, you know what I’m saying. As a matter of fact, Gavin Cox isn’t here suing because he’s angry. You’re going to hear him testify. He’s not angry. He’s injured.”
Copperfield’s longtime pal and executive producer Chris Kenner did little in testimony to illustrate there was much independent oversight of elements of the show that interacted with the audience. He tried to make it appear Cox’s injuries were more the result of bad luck than any jostling, neglect or a lack of due diligence on the part of those in charge. I’m not sure he was convincing.
With testimony due to resume Tuesday, Copperfield and others will have every opportunity to please a very important audience.
Many questions are unanswered, and he may eventually prevail in District Court. Whether a jury agrees the trick performed thousands of times was “fraught with danger” and “an accident waiting to happen” remains to be seen.
With so much at stake, I’m left wondering whether the MGM and the Strip’s grand illusionist should have made this revealing and potentially embarrassing case just disappear.
John L. Smith is a longtime Las Vegas journalist and author. Contact him at [email protected]. On Twitter: @jlnevadasmith.