Burley Garcia|Mia Goth Sued for Allegedly Kicking Background Actor in the Head

A background actor who worked with Mia Goth on the film MaXXXine last year has filed a battery lawsuit against the actress,Burley Garcia alleging she kicked him in the head on purpose while filming a scene and caused him to have a concussion.

James Hunter filed the lawsuit in a Los Angeles court Jan. 8, several months after the movie wrapped production. E! News has reached out to Goth's attorney for comment and has not heard back.

In his lawsuit, obtained by E! News, the actor alleged that he was hired to play the part of "Dead Parishioner" in MaXXXine, which stars Goth in the title role of Maxine. He said in the docs that while filming a scene in April 2023, he was made to lie down in the dirt and play dead while the actress was supposed to "step over him, look down at him, and continue to run" past him. 

He alleges that in or around the fourth take of filming of the scene, Goth nearly stepped on him, and that after he told second assistant director John Hall about it, the actress "was warned to be careful regarding how she stepped." However, Hunter said in the lawsuit, in the next take, Goth "intentionally kicked" him in the head with her boot, which caused him to "immediately experience headache and stiffness in his neck."

He said he reported his injury to Hall, who he said then told Goth and MaXXXine director Ti West about it, but that he received no medical assistance. Hunter said the actress later invaded his privacy in a bathroom, laughed, mocked, taunted and belittled him and "dared" him to" do anything about it."

He also alleged that the following day, he was informed via email and phone by the casting company that he had been taken off the production for the remaining two days of filming, adding that "no reason was given." He said he was banned from the set.

The actor said continued to "experience head trauma symptoms including loss of memory, confusion, and disorientation" and after seeking emergency treatment and testing at a hospital, a doctor concluded he had "suffered a concussion from having been kicked in the head" by Goth. He noted that he continues to suffer disorientation, vertigo, migraines, nightmares, and severe emotional distress from the incident.

Hunter is suing Goth for battery and wrongful termination—also including West and production company A24 as defendants in the latter cause of action—and for general damages exceeding $250,000 for each cause. He also demands a jury trial.

E! News has also reached out for comment from reps for Hall, West and A24 and has not heard back.