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Frank Dux v.
Jean Claude Van Damme
Van Damme denies oral deal with Dux, says "The Quest" and "The Kumite" are different movies
LOS ANGELES, Oct. 26 (Court TV) -- Facing his former friend in court, Jean-Claude Van Damme denied offering Frank Dux 2.5 percent of the gross profits from the unmade film "The Kumite," which Dux believes was turned into "The Quest." Van Damme also denied that "The Quest" and "The Kumite" were the same movie.
Van Damme insisted that he was not the producer of "The Quest," his 1994 hit. Nicknamed "The Muscles from Brussels," Van Damme is accused of reneging on a 1991 oral agreement in which he allegedly promised to pay Dux a percentage of the gross profit from "The Kumite." Dux signed a separate agreement with Nice Tie Productions, an affiliate of Epic Productions Inc., to write the movie for $50,000.
Production of "The Kumite" ended when Epic Productions went bankrupt. Van Damme began work on "The Quest" shortly thereafter. Seeing similarities between "The Quest" and the unmade "The Kumite," Dux complained to the Writers Guild of America.
Dux believed that he deserved a writing credit, $50,000 and his share of the gross profits, as promised by Van Damme. When Dux received only a "story by" credit for "The Quest" and was not paid for the writing credit, he decided to sue Van Damme.
But Van Damme repeatedly denied making Dux the offer. He said that although he had production duties, he was not listed as a producer on "The Quest." Van Damme also told jurors that he instructed his agent to make a generous deal with Dux because he considered the plaintiff a friend. He said that Dux was "broken and had no money" at the time.
Van Damme insisted he was not a star and that his fame had its pitfalls.
"Acting to you might be something good," Van Damme told plaintiff attorney Steven Kramer. "But look at me; I'm being sued by my friends and people like you."
Another witness, Frank Mattioli, testified that Van Damme was angry with Dux because he registered the idea of "The Kumite" with the Writers Guild of America without telling him. Van Damme allegedly told Mattioli that Dux had a good deal with him and could make a lot of money through the "backdoor." Mattioli, a friend of both Dux and Van Damme, thought the backdoor referred to a share of the box office revenue. But when asked about the "backdoor" reference,Van Damme said he meant only that Dux could break into show business by writing and consulting on martial arts movies. Mattioli also testified that Dux referred to gross revenue percentages when he talked about his deal with Van Damme.
In addition, Mattioli said "The Quest" was a derivative of "The Kumite."
Dux's contract lawyer, Michael Frankel, testified that he did not handle the oral contract because Van Damme convinced Dux that they should handle their agreement outside the United States to save money on taxes. Frankel wrote a letter to the producers of "The Quest" requesting that someone fulfill Van Damme's "moral and inducing promise" of 2.5 percent of the movie's gross revenue.
During cross-examination, Van Damme's lawyer, Martin Singer, got Frankel to admit that he would benefit financially if Dux wins the case. Frankel is paid a percentage of all Dux's deals.
Reported by Court TV's Bryan Lavietes
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