Gallagher sued for breach of contract over Branson shows

BRANSON, Mo. -- A comedian known for smashing watermelons during his performances has been sued for breach of contract over his Branson shows, some of which were canceled after he allegedly pushed an audience member.

Miami-based show promoters Branson Partners LLC, which brought comedian Gallagher to Branson, has sued Leo Gallagher, 59, in Taney County Circuit Court. A hearing is scheduled for next week on a motion by Gallagher's attorney, Barney Naioti, to dismiss the lawsuit based on the fact that Branson Partners is not a Missouri company.

"It was represented to [Gallagher] that this would be a good place for him, and it wasn't," Naioti said of the southwest Missouri resort town known for its family friendly fare.

Gallagher was to perform at the Moe Bandy Theatre from June 16 through Sept. 4, but his shows were canceled after a July 22 performance in which theater employee Marcy Kowalski alleged that Gallagher used profanity and bruised her arm when he pushed her back into her front-row seat.

Kowalski, one of about 40 people attending the July 22 show, filed a complaint with the Branson Police Department three days later, but it was dropped after she settled with Gallagher for an undisclosed sum.

"He offered to settle with the woman because he didn't want to leave bad feelings," Gallagher's attorney, Naioti, said.

Gallagher has faced similar allegations elsewhere, including in June, when a patron said the comedian slapped him during a Las Vegas performance.

Before Gallagher came to Branson, Branson Partners received an agreement from Sold Out Shows, Gallagher's promotion company, stating he would not use "foul language" and there would be "no physical altercations to the Branson staff or audience" during his appearances.

"From the very first show, there was a lot of foul language," said Deborah Shoodhatler of Branson Partners.

She said the company lost money both because of the cancellation and because negative word of mouth from audience members led to lower ticket sales. The lawsuit against Gallagher, filed in October, does not specify damages.

Naioti said Gallagher also was not happy with attendance at his Branson shows.

Moe Bandy Theatre manager Tom Tillis said he warned Gallagher to tone down his act.

"I told him, you're not in the Bible Belt in Branson," Tillis said. "You're on the buckle of the Bible Belt."

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On the Net:

http://www.moebandy.com

http://gallaghersmash.com

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Information from: Springfield News-Leader, http://www.springfieldnews-leader.com