A May 2013 photo courtesy of Nintendo of America showing the Donkey Kong actor at the LA Zoo

An actor hired by Nintendo to wear a Donkey Kong costume for a 2013 Los Angeles Zoo promotional event is suing the Japanese company, saying the game giant failed to provide proper oversight, which in turn led to a serious heart condition that required surgery.

Attorneys for the man, Parker Mills, say that he was hired to wear the Donkey Kong suit in May 2013 as part of a marketing event for Nintendo 3DS game, Donkey Kong Country Returns 3D. Things did not go as planned, however. Mills’ attorneys say he was denied breaks and was not issued an ice pack to keep him cool as he interacted with guests on the hot day in southern California.

“It created a very stressful environment,” one of Mills’ attorneys said. His lawsuit was filed Monday in Los Angeles County Superior Court, and was obtained by The Los Angeles Times.

The paper writes about Mills’ suit: “It alleged that the company ambassador who was hired to escort him and oversee and control his activities failed to provide the proper oversight.”

As a result of the harsh conditions, Mills’ attorneys say he suffered an aortic dissection. He needed surgery to install a permanent heart defibrillator, the suit explains.

Nintendo representatives were not immediately available to comment when approached by The Los Angeles Times.

In a press release announcing the 2013 LA Zoo event, Nintendo wrote: “there will be opportunities for fans to take pictures with the costumed Donkey Kong character around the zoo.”

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