Bodybuilder and Her Fired TV Producer Press Lawsuits

After things went sour between women’s bodybuilding champ Cory Everson and her former producer, they began duking it out in court.

Everson has filed a lawsuit alleging Frank Messano mismanaged her popular television fitness show and damaged her reputation.

Messano quickly filed his own suit, accusing the muscular six-time Ms. Olympia winner of breach of contract, fraud and cutting off his income.

Neither of the east Ventura County residents would comment this week about the disagreements that occurred before Everson fired Messano in December from producing her “Gotta Sweat” exercise show on the sports cable network ESPN2.

At stake are the reputation of a women’s bodybuilding superstar and the money Messano says he is owed by her fitness empire because he helped rebuild her sagging career.

Everson won more Ms. Olympia titles than anyone else--six straight from 1984 to 1989--and she has appeared in several films, including “Natural Born Killers” and “Double Impact,” and countless exercise videos and infomercials.

What no one disputes is this: that Everson’s friend and business associate, Encino dentist Steven Donia, had known Messano for several years and introduced the two back in 1994. That year, Messano made an oral contract to become executive producer of Everson’s ESPN fitness show and began lining up sponsors.

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Yet while Messano’s countersuit names a virtual laundry list of sponsors and contracts he states that he lined up for Everson’s show and other businesses--such as Bally’s, the Mirage Hotel and General Nutrition Centers--Everson’s story is different.

“Frank Messano was hired by Cory Everson and her collaborator, Steven Donia, to serve as executive producer” for “Gotta Sweat,” said lawyer Kevin P. Kane, who represents Everson and Donia.

“He failed miserably in that particular role,” Kane said. “And as a result, very serious damage has been caused to her standing with ESPN and with her fans.”

According to Everson’s suit, filed April 30 in Los Angeles Superior Court, this is what Messano did:

* He landed only one sponsor, the ProForm fitness company, which brought $50,000 to “Gotta Sweat.” Everson and Donia were forced to lend another $422,000 of their own money to pay for the rest of the show, the suit says.

* He aired a television ad for a Cory Everson newsletter and catalog that he never published, failed to hire telemarketing staff to handle the 2,000 callers who responded to the ad via an 800 number, then pocketed “numerous” $30 subscription fees, the suit says.

* And he interfered with Everson’s negotiations with a company called Kent & Spiegel on a licensing deal for the “Cory Everson 7 Day Diet” by wrongfully insisting that the sponsor pay him to seal the deal and refrain from talking to Everson, Donia or their lawyers, the suit says.

Everson’s suit alleges that Messano invaded her privacy, damaged her name and reputation and interfered with her business. And it asks for unspecified damages.

Three days after Everson’s suit was filed, Messano filed a suit in the East Ventura County Courthouse in Simi Valley, accusing his former client of breaching their contract, withholding his commission and fraud. It, too, seeks unspecified damages.

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While the original partnership was formed in Los Angeles County, Messano lives in Simi Valley’s Bridal Path neighborhood and Everson in the exclusive gated Bell Canyon community just inside the Ventura County line.

Messano’s suit alleges that he is a partner with Everson and Donia, and thus is entitled to one third of the profits from all the Everson products he helped develop except for “Gotta Sweat” and the exercise videotapes. It also says he should be paid a 25% commission on all revenues, sales and royalties for Everson projects that he proposed to “resurrect her career,” such as infomercial contracts, weight loss and hair care products and CD-ROMs.

“He was a workhorse on the business side pulling together these deals,” said Andrew Giacomini, one of Messano’s attorneys. “They wanted to change the terms of the agreement, and when he wouldn’t agree to the terms of their agreement, they said, ‘See ya later.’ ”

Messano said that he devoted nearly two years of full-time effort to Everson’s career.

But he was reluctant to comment on his or Everson’s legal claims.

“When you work with somebody and you build their career and those kinds of issues, it’s kind of like your baby,” he said. “You don’t ever want to hurt your child.”