Footage sent by the prosecutor of Gwyneth Paltrow to his family shortly after their ski collision boasting it would make him “famous” is missing, the court has heard.
The Hollywood star and CEO of lifestyle brand Goop is being sued by Terry Sanderson, 76, a retired optometrist, who claims she plowed him onto the slopes of Flagstaff Mountain at the Deer Valley Resort in 2016.
Mr Sanderson is hoping for $300,000 (£250,000) in damages after claiming Paltrow crashed into him causing serious and long-term brain damage.
On day four of the eight-day trial in Utah on Friday, it emerged that hours after he was released from the hospital, Sanderson sent friends and family a message with the subject line “I’m famous…at what cost” with a link to what is presumably GoPro video footage.
However, by the time the communication was made available to Paltrow’s legal team, the link was dead and it is unknown what it contained.
When Paltrow’s lawyer challenged him over what they claim to find “the most important piece of evidence”, Mr Sanderson’s daughter, Polly Sanderson-Grasham – a recipient of the email – claimed to have lost track of what that link was.
“I had a skiing accident three weeks before my father,” she told the jurors, explaining her lack of memory. “I didn’t sleep well. I also had a four- and an eight-year-old to look after, so my memory of that period is very foggy.”
The footage was not found or included as evidence in the trial, but the actor’s lawyers suggested it could have been crucial in establishing guilt in the case.
Paltrow previously called the lawsuit an attempt to exploit her fame and celebrity.
The proceedings so far have touched on themes ranging from skiers’ etiquette to the power — and burden — of celebrities. The amount of money at stake is relatively small, with Mr Sanderson’s lawyer telling the jury the trial is about “value, not cost”.
Day four of the civil trial rattled through medical witnesses called by the plaintiff.
Dr. Richard Boehne, a neurologist, testified on Friday that he believed Paltrow hit Mr Sanderson from behind on the ramp, the only possible explanation being “given the range of facts given to me and the nature of the injuries sustained” by the optometrist. .
Dr. Boehne calculated causality according to “classical physics,” he said, but admitted that he “estimated” Paltrow’s weight at 130 pounds (9.3 stone).
The judge in the case previously rejected an unusual request from the Hollywood star to bring “goodies” for staff in the Utah courtroom.
During Thursday’s proceedings, Paltrow’s attorney, Stephen Owens, asked the judge if her team could treat the bailiffs as a thank you for their services.
It was unknown what gifts she planned to distribute. The actress bowl celebrity influencer has a line of products including eye creams, jade eggs, and a “This Smells Like My Vagina” candle.
“My client’s private security wanted to treat the bailiffs on how helpful they’ve been,” Mr Owens said. “So I wanted to do that transparently and see if there are any objections.”
Mr Sanderson’s lawyers subsequently objected to the request, arguing that the defense had not completed them before submitting the request to the judge.
“OK, there’s an objection, so thanks, but no, thanks,” ordered a stunned judge Kent Holmberg. “If the parties decide to do that later, that’s fine too.”
The 50-year-old actress is expected to take the stand later Friday, while her children, Apple and Moses Martin, are expected to speak in their mother’s defense next week.
