More on DEI case UPDATE 2 DEI wins: Testimony in the civil lawsuit between Boiling Springs resident Gray London and Dale Earnhardt Inc. is nearing an end. London’s former business associate, Rocky Wagner, and Dale Earnhardt’s brother, Randy, took the stand Wednesday. DEI lawyers are expected to call five more witnesses, including Earnhardt’s widow, Teresa, before sending the case to the jury. At issue in the trial is a die cast, produced by Action Performance Co., of the car Earnhardt drove in 1974 to his first win on an asphalt track. London contends the car, which he co-owned with members of the Earnhardt family in the Earnhardt Racing Team, was a 1965 Chevelle while DEI claims it was a 1964 model. London and his company, Driver on a Mission, had a 1999 contract with DEI under which the company would receive $550,000 from the sale of the die-cast car and have the opportunity to produce other Earnhardt souvenirs. Randy Earnhardt told jury members the car Earnhardt drove was a 1964 model and carried Doc’s Cycle Center as its sponsor. London contends his company, Dainty Maid Foods, was on the side of the car when Earnhardt won. DEI filed a countersuit against London for producing souvenirs without permission. AND London’ lawsuit against Dale Earnhardt Inc. will resume Monday [today] when the jury is expected to begin deliberating. Superior Court Judge Richard D. Boner said he was prepared to wait out a verdict on Friday, but a unanimous vote from the jury will carry the trial through the weekend. Attorneys gave their closing arguments Friday after spending most of the morning helping the judge hammer out the details of his final instructions to the jury.(Gastonia Gazette – one day link, and the Shelby Star), see more on my Dale Earnhardt tribute page.(3-25-2002) UPDATE: The jury in the Dale Earnhardt trial has ruled in favor of Dale Earnhardt Inc., awarding the company $10,000 in damages. More later when full story is posted.(Shelby Star)(3-25-2002) UPDATE 2: Not only did Boiling Springs resident Gray London lose his lawsuit against the Dale Earnhardt empire, he must pay Dale Earnhardt Inc. $10,000 for breach of contract, a jury ruled Monday. After about three hours of deliberations, the jury found that London breached the 1999 contract with DEI when he sublicensed to a third party the right to use Dale Earnhardt’ name. The 1999 agreement released Earnhardt from the now defunct Earnhardt Racing Team, which London and Earnhardt formed with members of the Earnhardt family in 1974. London granted the release in exchange for $550,000 from the sale of a die-cast car made of one of the cars Earnhardt drove early in his career. DEI paid London $450,000. The remaining $100,000 was withheld by DEI because London filed a lawsuit against the company. Speaking for London, attorney Rob Deaton said, I know that Gray is happy that the jury answered yes to question three, giving him the right in the future without limitations to make souvenirs, except for die-cast cars. Question three allows London to make and sell souvenirs (other than die-cast cars) with Dale Earnhardt’ name on one or more of the three cars in connection with the Driver on a Mission logo on a souvenir such as a mug or T-shirt. The jury also found that on the night of July 19, 1974, when Dale Earnhardt won his first race on an asphalt track, he was not driving the No. 8 Chevelle with Dainty Maid on it as the sponsor, as claimed during earlier testimony by London.(Shelby Star)(3-26-2002)
