Gallagher sued for breach of contract

updated 7:41 p.m. ET Dec. 25, 2006

BRANSON, Mo. - Comedian Gallagher, known for smashing watermelons during his performances, was accused of shoving an audience member in Branson, Mo. last summer and now faces a lawsuit.

Leo Gallagher, 59, was to perform at the Moe Bandy Theater in Branson from June 16 through Sept. 4.

The promoters that brought the comedian to the southwest Missouri resort town, Miami-based Branson Partners LLC, sued Gallagher for breach of contract after his shows were canceled because of the allegations from a theater employee.

Marcy Kowalski alleged the comedian swore at her and bruised her arm when he pushed her back into her front-row seat.

Branson Partners said it had received an agreement from Sold Out Shows, Gallagher’s promotion company, saying the comedian 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 because of the cancellations and because negative word of mouth from audience members led to lower ticket sales.

Gallagher’s attorney has asked a Taney County judge to dismiss the lawsuit because the promoter is not a Missouri company.

“It was represented to [Gallagher] that this would be a good place for him, and it wasn’t,” said the attorney, Barney Naioti.

A hearing on the lawsuit was scheduled for next week.

Kowalski dropped her complaint with the Branson Police Department after she settled with Gallagher for an undisclosed sum.

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

MORE FROM CELEBRITIES

Celebrities Section Front

Reps deny Gyllenhaal, Witherspoon breakup Tom Arnold ties the knot for fourth time Polanski stuck in jail as Swiss await bail money Despite criticism, Lohan to stay on at Ungaro Filmmaker Perry gives $1 million to NAACP Chef Paula Deen hit in face by charity ham Michael Jackson glove sells for $350,000 Michael Jackson’s doctor returns to work Miley Cyrus tour bus overturns, killing driver Access Hollywood section Celebrities Section Front   Add Celebrities headlines to your news reader: