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Frank Dux v.
Jean Claude Van Damme
Van Damme erupts in anger as plaintiff accuses him of reneging on contract and beating his sister-in-law
LOS ANGELES, Oct. 28 (Court TV) -- Jean-Claude Van Damme managed to restrain his anger over the breach of contract suit Frank Dux filed against -- until his former friend testified that Van Damme beat his own sister-in-law.
During cross-examination Van Damme's attorney Martin Singer forced Dux to admit he was angry with the "Bloodsport" star. But the reason Dux gave shocked the courtroom: Van Damme assaulted his own sister-in-law (and Dux's girlfriend) Denise Portugues.
Van Damme exploded upon hearing the accusation.
"You can take my money, but you can't attack my family," Van Damme yelled at Dux. "I can't accept that, even if I go to jail."
Judge James Kaddo excused the jury and then chastised Van Damme and Singer for their outbursts. Judge Kaddo told Dux that he understood his need to "get a dig in" at Van Damme, but said the plaintiff was not helping his case.
Dux is "digging" into Van Damme because he says the actor failed to live up to an oral agreement to pay him 2.5 percent of the gross revenue from "The Kumite." Dux also signed a separate deal to write the script for "The Kumite," but the movie was never made because its production company went bankrupt. When Van Damme subsequently starred in a similar movie, "The Quest," Dux did not receive the screenwriting credits and decided to sue.
Dux testified that Van Damme contacted him in January or February of 1991 to talk about collaborating on "the greatest martial arts film of all-time," "The Kumite." According to Dux, Van Damme wrote a note where he promised to pay the plaintiff $100,000 and 4 gross points (4 percent of the total box office revenue) to write and collaborate on the film. Dux said that Van Damme reiterated the promise on an audiotape the next day. Unfortunately, Van Damme's note and audiotape were destroyed when an earthquake devastated Dux' home in 1994.
Dux said Van Damme told him not to use his regular attorney, Michael Frankel, because they could structure the deal overseas and save money on taxes. When they began working on "The Kumite," Van Damme asked Dux to reduce his share to 2.5 points so they could lure another famous actor to the project. Dux said that his karate experience and his choreography expertise made him very important to Van Damme and the project.
Dux described pitching the project to production companies and hiring another screenwriter with a track record. Although he said Van Damme always introduced him as "his partner," he later became nervous when Van Damme told him that the production company would pay Dux the $100,000 for the screenplay. To protect himself from being excluded from the deal, Dux registered "The Kumite" with the Writers Guild of America.
When veteran screenwriter Ed Khmara was brought on to the project for more money than Dux, Van Damme reassured his friend that the screenwriting deal Dux signed with the production company was a separate and that he would still make good his promise on the gross points. Dux said Van Damme continued to reassure him when production of "The Kumite" was halted by the bankruptcy of its production company.
Dux became emotional while recounting his experience at the premiere party for "The Quest." He claimed that Van Damme continued to promise to fulfill their oral agreement at the party.
"I was feeling on top of the world," Dux tearfully said.
Frank Dux recalls his words with Van Damme at the premiere of the "The Quest."
(1:58)
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Singer's cross-examination initially focused on questioning Dux' martial arts prowess, claiming that Dux' breaking bullet-proof glass with a punch was a sham. Then he attacked Dux's failure to secure the alleged oral contract with Van Damme in writing. Dux repeated that he had notes, but they were lost in an earthquake.
Singer also noted Dux's lawyer Frankel wrote a letter to the producers of "The Quest" asking someone to make good on Van Damme's "moral and inducing promise." Frankel's letter asked for 2 gross points for Dux, not 2.5 points as Dux maintains was the deal. Dux said that Frankel was mistaken because he had not worked on the oral agreement with Van Damme.
Eventually, Singer concentrated on the screenwriting contract Dux signed with Nice Tie Productions for "The Kumite." Singer insinuated that the production company took over Van Damme's obligations to Dux when they signed the contract. The production company paid Dux $50,000 for his screenwriting, the only money he received.
The key difference between the written contract and the alleged oral contract with Van Damme, is that the former promised Dux a share of net profits, while the latter allegedly promised a percentage of the gross receipts. According to Singer, Dux is owed nothing because he was not listed as a screenwriter of the "The Quest."
Reported by Court TV's Bryan Lavietes
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