Disney loses Lee appeal
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The state Supreme Court this week denied a hearing on Disney's appeal of lower-court rulings upholding damages for breach of contract.
Only Justice Marvin Baxter voted to grant a hearing, with four votes needed.
Lee co-wrote six songs in the film and was the voice of four characters: Lady's owner Darling, the Siamese cats Si and Am, and the singing dog Peg. She said she was paid $ 3,500.
Her suit said Disney violated a 1952 agreement with her by releasing a videocassette version of the film in 1987 without her consent. Her lawyers asked for at least $ 10 million of the $ 72 million in video sales, saying she would have been paid that amount in royalties.
The studio contended Lee misinterpreted the contract, but Los Angeles Superior Court Judge William Huss ruled in 1990 that the contract had been breached.
A jury awarded damages last year against Disney and Buena Vista Home Video. The final amount should be considerably higher than $ 2.3 million when interest and attorney's fees are included, Neil Papiano, a lawyer for Lee, said yesterday.
"I hope that Peggy will now be able to be paid promptly for her efforts and contributions to the success of the film," Papiano said. He said the case rested entirely on state law so there should be no federal appeal.
Disney vice president and counsel Ed Nowak declined comment, saying the court's order had not been communicated to the studio.
