Court of Appeals for the Second Circuit January 12, 2000, 1999 (Natalia Makarova v. United States)

McLAUGHLIN, Circuit Judge:

BACKGROUND

In 1982, Natalia Makarova was injured when a piece of scenery fell on her shoulder at the Kennedy Center for the Performing Arts in Washington, D.C. At the time of the injury, Makarova was performing in a production of the musical “On Your Toes,” and a witness for Makarova asserts that she was widely regarded as the world’s best prima ballerina.