It is undisputed that Sander Gossard, using a design provided by the production's scenic designer Zack Brown, built a fabric scenery backdrop for the Kennedy Center's 1982 production of the musical "On Your Toes." On December 18, 1982, while plaintiff Natalia Makarova, a world renowned prima ballerina, was performing onstage, the backdrop, an approximately 30 by 45 foot sheet of muslin with a continuous piece of pipe sewn in the bottom, tore and fell, bounced off the stage...
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