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Mia Goth Sued For Kicking MaXXXine Background Actor In Head

In court filings, background actor James Hunter claims Goth intentionally aimed her boot at his head after she was warned to "be careful" while filming a scene last summer for MaXXXine.

A background actor in the movie filed a lawsuit against Goth, 30, accusing the Infinity Pool actress of committing battery against him and getting him wrongfully terminated from the film after he filed a complaint against her. He also named the film’s writer and director Ti West and film studio A24 as defendants in the lawsuit.

In the lawsuit obtained by PEOPLE, the background actor named James Hunter, claimed that he was hired for three days in April to play a "Dead Parishioner" in the A24 horror film, which is about a girl who survived a massacre. He alleges that he was ordered to lay in the dirt on set “for several hours” and that he endured “ants and mosquitoes,” as Goth ran past him on the ground for the scene.

Hunter alleges that in the fourth take, Goth nearly stepped on him, and he had informed the second assistant director of the film who “warned” the actress to “be careful regarding how she stepped," per the filing. He then alleged that Goth “intentionally kicked” him in the head with her foot during the next take.

After she kicked him, he said he experienced a “headache” and “stiffness in his neck,” which he reported to the second assistant director, who notified Goth and West. He also noted that no medical assistance was offered to him on set, and West proceeded to film until they completed the scene.

Hunter said his symptoms progressed and he experienced “lightheadedness” and “nearly passed out twice,” adding, per the filing, that he had to pull over both times while he was driving home from the movie set.

The background actor also alleged that Goth “invaded” his privacy in the bathroom on the set and “laughed,” “taunted,” “mocked,” “belittled” him, and even “dared” him to “do anything about it.”

The next day, Hunter claimed that he was informed by a casting agency via email that “he had been taken off" for the "remaining two days of production” and “banned” from the movie set with “no reason” given. 

Over the next 48 hours, he said he continued to experience “head trauma symptoms” like “loss of memory, confusion, and disorientation,” and eventually went to the hospital, where he was diagnosed with a “concussion.” He also alleged that he had “bruises and red marks” on his head after the kick.

"As a result of being kicked in the head by defendant Goth, Plaintiff suffered, and has continued to suffer, symptoms of head trauma, including disorientation, vertigo, migraines, nightmares and severe emotional distress,” the lawsuit claimed. 

Representatives for Goth did not immediately respond to PEOPLE's request for comment.

Hunter said in the lawsuit he is seeking $250,000 for “medical expenses,” “rehabilitation” and "related expenses," along with “punitive and/or exemplary damages.”

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