No Dismissal for Goldberg on ‘Boxing Helena’-Type Case

Lawyers for Whoopi Goldberg lost their bid Friday to win dismissal of a lawsuit accusing the actress of breaching an oral contract when she decided not to portray a policewoman paired with a dinosaur-partner in a movie to be called “T. Rex.”

In a case reminiscent of the Kim Basinger trial over the film “Boxing Helena,” producer Richard Abramson claims that Goldberg agreed in November to star in his film but reneged on her agreement in January. Based on her earlier assurances, he contends, he lost millions of dollars in out-of-pocket expenses, including more than $500,000 invested in the script.

He stands to lose between $10.8 million and $29 million more by not having Goldberg in his movie, his lawyer, Donald Zachary, said after Friday’s hearing. A jury trial in the case is scheduled to begin Sept. 27.

Abramson argues that he set aside $1 million of Goldberg’s $5-million fee in an escrow account, delayed the start-up date to accommodate her schedule and had her approve an advertising poster with her likeness. But then Goldberg, citing other commitments, notified him that she was dropping out of his project.

Goldberg acknowledges she was interested in the project but denies that she ever made an agreement to go forward with it. She contended in a cross-complaint that Abramson defrauded her by telling her he had $30 million in financing for “T. Rex.”

“We found out that was a complete and total lie,” Ralph C. Loeb, one of her attorneys, said outside the courtroom.

Abramson’s company, T. Rex Productions Inc., filed suit in Los Angeles Superior Court March 8, two weeks before a jury ordered actress Kim Basinger to pay $8.9 million to Main Line Pictures for reneging on an oral agreement to appear in “Boxing Helena.” Damages in the case, which stunned the entertainment industry, were later reduced to $7.4 million.

“T. Rex,” which was to be directed by Jonathan Betuel from his own script, tells the story of a human police officer who teams up with the dinosaur to solve a conspiracy to blow up the world. Abramson said Goldberg initially agreed to a February, 1993, start-up date but then said she would not be available until the fall.

“Nonetheless, she begged Abramson . . . to wait for her, and even volunteered to meet with the company’s investors to convince them that it was worthwhile waiting for her until fall,” the complaint states. “Goldberg’s enthusiasm for the picture included a suggestion that the company see if it could arrange to have Ted Danson provide the voice of the dinosaur.”

With these “specific and ongoing assurances,” Abramson said, he took several steps to insure production of the movie, including arranging a letter of credit for $4 million to cover the balance of Goldberg’s fee. In addition, he laid off the crew he had assembled for the earlier production date, in some cases incurring a penalty.