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Actor sues over alleged dust in ‘Planet of the Apes’ shoot
LOS ANGELES — A background actor from last summer’s “Planet of the Apes” movie accused the filmmakers of harming him and hundreds of others with dust used in a climactic desert fight scene.
Jeffrey Clark seeks unspecified damages from studio Fox Entertainment Group for alleged fraud, battery, conspiracy and negligence, according to the proposed class-action lawsuit filed Tuesday.
About 80,000 pounds of Fuller’s Earth, a sedimentary clay used for absorbing chemicals and oils, were tossed into the air with giant wind machines during the production, the lawsuit said.
Extras involved in the scene — a battle between human slaves and their ape rulers — were exposed to the dust for hours at a time without breathing masks, according to the lawsuit.
As a result, Clark said he suffered lingering eye irritation and respiratory problems.
It is unclear, however, whether other background performers have joined the lawsuit. Clark’s attorney did not immediately return calls for comment.
Fuller’s Earth is routinely used to produce dust effects in movies. The International Cinematographers Guild recommends limited use of the product and only in well-ventilated areas. The guild also suggests that crews wear proper breathing protection.
Limited exposure to the clay is not dangerous except for those with chronic asthma or other respiratory ailments. Fuller’s Earth is also used in some cat litter and oily skin health treatments, and the dust is not toxic unless previously used to soak up a poison.
Clark alleges he was exposed to the dust for 10 to 12 days at six or eight hours at a time. He and other extras were paid about $8 an hour.
Fox officials did not immediately return calls for comment.
The 2001 movie, a remake of the 1968 Charlton Heston thriller, chronicled the adventures of an Earth astronaut (Mark Wahlberg) who lands on a planet populated by intelligent primates who enslaved a race of humans.
Directed by Tim Burton, best known for 1988’s “Batman,” the $100-million sci-fi adventure earned about $180 million domestically.
