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In California it's called contributory negligence... any of her claims for loss of income, pain & suffering and medical bills will be reduced by the amount the jury feels she's at fault for her own injuries. It's likely that at least 50% will be attributed to her, if not more, but it's unlikely Bizlerian will win a judgement in his favor completely. He was still somewhat at fault. The question - is does 10-50% of whatever her "damages" are - justify to her lawyer to file suit. If the lawyer is looking for mainstream TMZ press... maybe. If he's looking to get paid probably not.
As for her case against Hustler for work comp, he says Hustler requested Belzerian and her to perform the stunt. Which would make Hustler solely liable. Work comp in California is no fault so she can't even be somewhat at fault for that. If Hustler didn't it would be considered "horseplay" and not covered by insurance.
If Hustler did request it - which I find difficult to believe, Belzerian's defense would be that he was acting on behalf of Hustler and therefore they are the proper party to sue. He wasn't anything other than a participant, like her.
I wish I could see who the attorneys are on this case though.
As for attorney letters like that... it's just pompous and incorrect.
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