Dr. Phil McGraw may be a lot of things, but a judge has ruled that he is not a kidnapper of guests.
A Los Angeles judge has dismissed charges of false imprisonment, negligence and intentional infliction of emotional distress that had been leveled against the talk-show guru by an irate guest on his show.
Laurie Bembenek, a former Milwaukee cop who has been trying to clear her name from a 20-year-old murder rap, filed suit last year against the Dr. Phil show over an accident that occurred before she was to appear on the show.
She was booked on Dr. Phil in an effort to clear her name in the 1982 murder of her then husband's former wife. Although she had reached a plea deal with prosecutors in 1992, she always maintained her innocence in the killing. So she enlisted the help of Dr. Phil, whose show paid for new DNA testing and planned to present the results over the course of a special two-part episode.
But just prior to her first scheduled appearance on the show, Bembenek says she was shuttled to a gated apartment complex and guarded by a Dr. Phil staffer. She claims her environs reminded her so much of her time in the big house, that she suffered a panic attack and needed to get out of the room.
So she tied sheets together and tried, unsuccessfully, to shimmy out a window. Her makeshift rope broke, and she went careening to the ground, breaking several bones. Doctors had to amputate her right leg due to her injuries.
Bembenek blamed the show for her tumble, and slapped Dr. Phil producers and staffers, as well as the show's studio, Paramount Pictures, with a lawsuit claiming false imprisonment, negligence and intentional infliction of emotional distress.
At the time, her attorney, Stephen Bernard, issued a statement that read: "By having more concern for television ratings and advertising dollars than for the safety and well-being of their guests, the Dr. Phil show acted recklessly, carelessly and in a grossly unethical manner."
Paramount execs disagreed. Right after the fall occurred, they released a statement that said, "We, of course, feel that it is unfortunate that she hurt her leg during an apparent prank when she left her room through a...window...rather than using the front door, not 10 feet away.''
Apparently, the courts agreed.
Court papers filed Friday in L.A. Superior Court show that the case was dismissed without prejudice and cannot be refiled. It is unclear if Bembenek received any sort of settlement, as she had been seeking unspecified damages.
Bernand could not be reached for comment, but the legal team at Paramount issued a statement: "The lawsuit is over. We do not have any further comment."