On February 11, 2008, Fitzgerald filed a lawsuit against
Mel Gibson and the production company
Icon Productions, alleging the unfair deprivation of compensation and deception on the overall expense of the film production budget after the box office success of the film
The Passion of the Christ, including, but not limited to, "fraud, breach of contract & unjust enrichment" seeking unspecified damages. He also sued Vicki Christianson, Icon Distribution, Marquis Films, and Airborne Productions. According to his lawsuit, Fitzgerald says he "accepted a salary substantially less than what he would have taken had he known the true budget for the film," agreeing to an undisclosed "relatively small salary," a $75,000 production bonus, another $75,000 if the film broke even, and five percent of revenues. Fitzgerald received a loan of $200,000 from Gibson in December 2003 backed by his share of the film's future profits as collateral. In May 2009, Gibson agreed to an undisclosed settlement with Fitzgerald. Details of the settlement, agreed at Los Angeles Superior Court, were not released. Gibson's representatives did not comment on the settlement. ==Death==