Gwyneth Paltrow‘s attorneys asked the daughter of a man suing the actor-turned-lifestyle influencer over a 2016 ski collision about missing GoPro camera footage that they called “the most important piece of evidence” at trial Thursday.
Steve Owens, Paltrow’s attorney, asked one of the man’s daughters, Polly Grasham, about emails exchanged with her father about the mysterious footage and the possibility that the lawsuit was filed against Paltrow because she was famous.
The GoPro footage has not been found or included as evidence for the trial.
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“I’m famous … at what cost?” Terry Sanderson, the 76-year-old retired optometrist suing Paltrow, wrote in the subject line of an email to his family after the crash.
Sanderson is suing Paltrow for more than $US300,000 ($448,000) in damages, claiming that she skied recklessly into him on a beginner run at Deer Valley Resort seven years ago, breaking his ribs and leaving him with a concussion. Paltrow has claimed Sanderson caused the crash and countersued for $US1 ($1.50) and attorney fees.
The trial took on an increasingly personal note on the third day of proceedings when Sanderson’s daughter and a neuropsychologist testified about his declining health.
Sanderson’s attorneys tried to persuade jurors that the collision had changed the course of their client’s life, leaving him brain-impaired and damaging his relationships with loved ones.
Paltrow’s attorneys questioned whether Grasham and neuropsychologist Dr. Alina Fong could say with certainty that Sanderson’s downturn wasn’t a result of aging or documented, pre-crash conditions. They questioned Grasham about her father’s anger problems, divorces and estranged relationship with another of his daughters, who is not testifying at trial.
Paltrow has previously called the lawsuit an attempt to exploit her fame and celebrity. On Thursday, was Steve Owens, her lead counsel, asked Grasham why her father sent messages referring to her fame.
“It matches his personality a little bit, making light of a serious situation,” Grasham said of the email.
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Owens probed deeply about Sanderson’s “obsession” with the case and whether he thought it was “cool” to collide with a celebrity like Paltrow, the Oscar-winning star of Shakespeare in Love and founder-CEO of the wellness company, Goop.
Sanderson is also expected to testify on Thursday about the lasting effects of the crash as the third day of the trial takes on an increasingly personal turn after a day of expert witnesses. He has not been present in the courtroom while his doctors and experts have detailed his health problems.
Paltrow is expected to be called to testify on Friday or early next week, when the eight-day trial continues.
The proceedings thus far have touched on themes ranging from skier’s etiquette to the power — and burden — of celebrity. The amount of money at stake for both sides pales in comparison to the typical legal costs of a multiyear lawsuit and expert witness-heavy trial. Sanderson’s attorney told the jury Thursday that this trial is about “value, not cost.”
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Earlier, a neuropsychologist who treated Sanderson cast aspersions on the testimony of medical experts hired by the celebrity’s legal team – and argued that, as his personal doctor, she was better suited to speak about Sanderson’s post-concussion symptoms.
“A lot of the experts are opining. I feel like I’m the best judge of what happened to him,” Dr Alina Fong said.
Fong’s videotaped deposition was the first to be shown on the third day of the trial in Park City, the upscale Utah ski resort town where Sanderson accuses Paltrow of skiing so recklessly that she crashed into him, broke his ribs and left him with lasting brain damage.
Fong said that when she saw Sanderson less than a year after the accident, he had lost his love for life, and said that he was often dejected and crying.
Under her care, she said that Sanderson worked tirelessly to rehabilitate the post-concussion symptoms – including pain, headaches and mood shifts. In cross-examination, she accused Paltrow’s attorneys of planting “red herrings” to mislead jurors.
Fong said conclusions from Paltrow’s experts – who have yet to testify – were “easily refutable by just going online and looking at the CDC recommendations.”
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During the first two days of trial, Sanderson’s attorneys and expert medical witnesses have described how injuries were likely caused by someone crashing into him from behind.
They attributed noticeable changes in Sanderson’s mental acuity to that day’s injuries.
Paltrow’s attorneys have worked to paint Sanderson as a 76-year-old whose decline followed a normal course of aging rather than resulted from crashing into their celebrity client.
They have not yet called witnesses of their own to testify, but in opening statements previewed for jurors that they plan to call Paltrow’s husband Brad Falchuk and her two children, Moses and Apple.