Dallas jury vindicates “TV Junkie” producers, awards no damages in lawsuit

by PegNews wire

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The show chronicled the life of Richard Kirkham.

DALLAS — Attorneys from the Dallas office of Fish & Richardson P.C. are announcing a take-nothing verdict in favor of firm client Michael Cain and the movie production company he co-founded following a lawsuit over proceeds generated by the award-winning documentary “TV Junkie.”

“TV Junkie” chronicles the life of Richard “Rick” Kirkham, a former correspondent for “Inside Edition” who documented his drug addiction through more than 3,000 hours of videotape. The film earned a “Special Jury Prize” during the 2006 Sundance Film Festival, in addition to other honors.

Mr. Kirkham’s ex-wife Tammie Kirkham filed suit in 2007 against her former husband, Mr. Cain, Christopher Smith, and the movie production company co-founded by Mr. Cain and Mr. Smith, Deep Ellum Pictures I LLC. Ms. Kirkham claimed that she was wrongly denied payments under a contract with Deep Ellum Pictures and that the privacy of the Kirkhams’ two sons was allegedly invaded as a result of their appearance in the documentary.

Evidence in the case showed that Ms. Kirkham received proper payment under the contract terms and that both she and Mr. Kirkham had consented to the use of the likenesses of their children in the film.

“Chris and I are very thankful for the jury's decision,” says Mr. Cain. “‘TV Junkie’ has gotten such a positive response from those who have seen it, and this verdict will allow us to promote the film and spread its message about the horrible effects of drug addiction.”

A jury in Judge Carlos Cortez’ 44th District Court in Dallas returned the take-nothing verdict on Feb. 13 after finding that none of the defendants were liable for breach of contract, invasion of privacy, or negligence, or under the theory of quantum meruit.

Mr. Cain, Mr. Smith and Deep Ellum Pictures were represented by Fish & Richardson attorneys John Helms, Steve Stodghill and Taj Clayton.

“We are very glad the jury agreed with what we’ve been saying all along: Our clients acted properly and paid Tammie Kirkham everything they owed her,” says Mr. Helms. “Michael and Chris are very appreciative of the jury’s decision, and now they can get back to their real passion – making movies.”

Source: Fish & Richardson

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