|
Frank Dux v.
Jean Claude Van Damme
Closing arguments in suit against Van Damme set to begin
LOS ANGELES, Nov. 5 (Court TV) -- Both sides finished presenting evidence to the jury, setting the stage for closing arguments in martial arts expert Frank Dux's suit against Jean-Claude Van Damme.
Dux claims that Van Damme failed to live up to an oral agreement to pay him 2.5 percent of the gross revenue (gross points) 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. Van Damme subsequently starred in a similar movie, "The Quest." When Dux neither received the screenwriting credits nor the money he felt was owed him, he decided to sue.
Days of damaging testimony from Van Damme's witnesses and Judge James Kaddo's refusal to admit Universal Pictures' records of the gross earnings of "The Quest" have weakened Dux's case.
On Nov. 4, Judge Kaddo ruled that plaintiff attorney Steven Kramer had not laid a proper foundation to present the evidence from Universal Pictures and did not have a qualified expert to testify about the movie's gross receipts. His ruling effectively crippled Dux's ability to argue for substantial monetary damages.
Kramer challenged Judge Kaddo's ruling by presenting a motion that threatened an emergency writ to the Court of Appeals. He argued that not allowing Universal Pictures' records on "The Quest" could reduce Dux's monetary award by 60 or 70 percent. Van Damme's attorney, Martin Singer, responded by saying that Kramer needed to present an appropriate expert on "The Quest's" domestic earnings who could be properly cross-examined.
But Judge Kaddo denied Kramer's motion and also refused to admit records of the foreign earnings of "The Quest."
Kramer then re-called Dux to the stand to neutralize the previous testimony of Kim Owens, the plaintiff's former neighbor. Dux had testified that the only hard evidence of his alleged agreement with Van Damme was destroyed during a 1994 earthquake. However, Owens later said that Dux's apartment did not suffer extensive damage, casting doubt on the existence of the agreement.
Dux told the jury that Owens might have a grudge against him because of a previous dispute between them. Dux said Owens neglected to fix a leaky pipe that eventually damaged his car, causing their apparent rift.
But during cross-examination by Singer, Dux admitted that he was wrong when he said three tons of concrete balconies fell from his building during the earthquake. He said that he thought the earthquake moved his television and left large cracks in his walls. However, Dux admitted he was not sure what happened because it was dark, and he was disoriented.
After Dux' testimony, the jury was sent home. Jurors could decide who wins this courtroom battle as early as Friday evening.
Reported by Court TV's Bryan Lavietes
top of page
| 
