Evel Knievel approaches the landing ramp on his motorcycle during his unsuccessful effort March 3, 1972, to leap over 15 vehicles, including two light trucks, at the Cow Palace in San Francisco. The Associated Press file photo
Motorcycle stuntman Evel Knievel, who captured worldwide fame with his death-defying feats, is embroiled in a lawsuit with two businessmen who claim he didn't live up to his contract after they bailed him out of financial trouble.
Now the daredevil is jumping through hoops to avoid pretrial proceedings, according to federal court documents.
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In May 2005, Gary and Robert Schreiber filed a lawsuit against Robert "Evel" Knievel and his son, Kelly Knievel, claiming breach of contract, fraud, forgery, unjust enrichment, unfair business practices and conspiracy.
The allegations stem from a 1982 agreement designed to provide the elder Knievel funding to resurrect his career as an entertainer.
According to the lawsuit, Knievel signed over to the Schreibers all rights to existing and future performances, relinquished rights to his persona and likeness, any stories about Knievel's life and footage of his stunts.
The Schreibers, who live in Ohio, paid "thousands of dollars" for the rights, the lawsuit says.
Three years ago, the Schreibers learned of a letter that reassigned the rights to Knievel. They claim the forged letter has stripped them of at least $70,000.
"Evel, either by himself or in combination with others, did create a wholly fictitious letter which purported to be a document created by the Schreibers," the lawsuit states. "The Schreibers state that they never created or executed such a document."
In the meantime, the brothers claim Knievel and his son have agreed to allow TNT to produce a television movie documenting the daredevil's life. The Schreibers also claim Universal Pictures is working on an autobiographical film entitled "Pure Evel."
In addition, the gaming company, IGT, has created a Knievel-themed slot machine.
"They maliciously and fraudulently induced third parties to pay large sums to license the Life Story Rights and Knievel Footage on the false belief that Defendants owned the Life Story Rights and Knievel Footage," the lawsuit states.
Knievel and the Schreibers are feuding over the vagueness and enforceability of the 20-year-old agreement.
"Our opposition is we didn't transfer movie rights to them," said Knievel's Las Vegas-based attorney, Lewis Gazda. "The contract is vague. It's not complete, and it's not enforceable."
"It's not vague. It's totally enforceable," countered the Schreibers' lawyer, Michael Stein of Las Vegas. "Evel was every step of the way with us. He signed the contract."
The court will eventually determine the validity of the contract. When that will occur is unclear; the stuntman's case has hit a few obstacles.
Stein has had difficulty landing Knievel in town for a deposition. Knievel, who lives in Clearwater, Fla., but often vacations in Montana, has produced a number of doctor's excuses prohibiting him from traveling to Nevada.
Knievel initially was scheduled for the pretrial proceeding in February 2006. But his attorneys produced letters from two physicians who supported Knievel's claim he had suffered a stroke and was unable to travel.
When Stein contacted the two doctors, they acknowledged the notes were authentic, but admitted they had never treated Knievel for a stroke and had no knowledge of the stroke, according to Stein's July 7 motion to hold Knievel in contempt of court.
After receiving the letters, Stein learned Knievel was scheduled to appear in early March at Bike Week in Daytona, Fla., and sent a private investigator to document the appearance.
"Evel Knievel was able to stand, walk, talk and entertain the crowd," Stein wrote in his motion. "He made absolutely no mention that he suffered a stroke."
The deposition was rescheduled for May 2006.
Shortly before the proceeding, Stein received a letter from a Florida doctor who specializes in arthritis surgery. The letter read: "Mr. Knievel is gravely ill and severely debilitated and unable to travel," according to court documents.
Stein said he telephoned that doctor, who told him the last time he treated Knievel was in 2005 when the stuntman broke his ankle.
According to his motion filed in federal court, Stein contacted the surgeon, the doctor replied: "He can't travel. Bottom line. Your deposition is not worth killing him."
Stein said his doubts about the diagnosis were confirmed when Knievel drove his bus from Florida to Montana soon after the conversation with the doctor.
"Somehow he got gravely ill out of his Florida bed, got in his bus and drove across the country to Montana, where he's gravely ill," Stein said Friday. "What a joke.
"It's amazing how people who have gotten away with stuff so often keep going back to the same well. How a doctor will write a letter saying someone is sick without even seeing the patient for two years just to get him out of a depo. ..."
Gazda took on Knievel's case after the doctor's notes were sent and said he is unfamiliar with the circumstances. He argued that Stein continually schedules depositions on dates he knows Knievel is unavailable.
Stein said Knievel appeared in Las Vegas for a deposition in April, but was excused early after he dropped his pants in front of a receptionist to give himself a shot. Knievel also began ingesting other medications, he said.
Gazda said Knievel is ill. He underwent a liver transplant in the 1990s, and he suffers from diabetes and heart and lung conditions. He pops about 50 pills a day and is hooked up to an oxygen machine most of the time, Gazda said.
"He was on top of the world, but he didn't get good advice and he didn't know how to manage his money. It's difficult to promote yourself when you're 68 and ill. It's sad."