updated 03/12/2008 AT 10:00 AM ET
•originally published 03/12/2008 AT 10:30 AM ET
Superior Court Judge Michael C. Solner ruled Tuesday that “more facts” from Fairplay would prevent his case being pulled from the schedule, the Associated Press reports.
The suit is based on an incident in Oct. 2007 when 34-year-old Fairplay (real name Jon Dalton) jumped into Bonaduce’s arms on stage during an awards show, and Bonaduce, 48, tossed Fairplay over his shoulders. Fairplay landed face first, losing one tooth, breaking another and loosening two more.
Fairplay has sued Bonaduce, Fox Reality Channel and the show producers for battery, negligence and emotional distress.
But Vicki Greco, an attorney for Fox and producers Natural 9 Entertainment, said Bonaduce’s actions were spontaneous and unplanned and the show cannot be held liable. Fairplay’s lawyer Daniel C. Lapidus claimed Bonaduce told the producers “what he wanted to do and they told him to do it.”
The next hearing is scheduled for May 12.