Bailey was injured after a fall through a trap door prior to the start of a Saturday matinee of the Disney musical. Bailey, 51, was treated for fractured wrists, a broken back, a shattered pelvis, a fractured sternum, several fractured ribs and a fractured foot. The singing actor had already undergone four surgeries by the time an earlier court petition was filed May 14 with the Manhattan Supreme Court.

The lawsuit, according to Backstage, seeks unspecified monetary compensation and alleges that the actor's injuries "were caused by the carelessness, negligence and recklessness of the defendants" and adds that there were inadequate "warnings and/or safety devices" that could have prevented his accident.

In a statement Bailey told Backstage, "My life has been changed forever. It will never be the same. My immediate goal is to somehow be able to walk up to my own apartment and care for myself. I try to stay positive. I look forward to being made whole some day and being fully compensated for my injuries."

Bailey's attorney, Mark J. Manus of the Manhattan firm Lipsig, Shapey, Manus & Moverman, added, "This tragedy never should have happened. The show could have taken simple protective measures which would have easily prevented it."

A Disney spokesperson told Backstage that the company would have no comment. There were also no comments from George Tsypin Design and Showman Fabricators Inc., the two Long Island-based companies that manufacture sets, or the Canadian-based Niscon, which "specializes in motion control systems for the entertainment industry." In addition to Mermaid, Adrian Bailey has been seen on Broadway in Hot Feet, La Cage aux Folles, Dreamgirls, The Wild Party, Smokey Joe's Cafe, The Who's Tommy, Jelly's Last Jam, Prince of Central Park, Legs Diamond, My One and Only, Sophisticated Ladies and Your Arms Too Short to Box with God.