Punitive damage phase to start next Tuesday, which could increase the damages to $33 million.
According to our reporter in the Courtroom, the jury awarded $11 million. Here are the details: Allyn W. Gibson was awarded $3 million, David Gibson $5.8 million, Gibson Bros. $2,274,500. Next Tuesday there will be a separate punitive damages which could be a double award (meaning tripling the $11 million to $33 million).
|[Judge John Miraldi reading Jury Verdict][Photo Credit Legal Insurrection Foundation]|
We followed this case from the start of the protests, through the lawsuit process, and now trial. Here’s my statement:
The verdict sends a strong message that colleges and universities cannot simply wind up and set loose student social justice warriors and then wash their hands of the consequences. In this case, a wholly innocent 5th-generation bakery was falsely accused of being racist and having a history racial profiling after stopping three black Oberlin College students from shoplifting. The students eventually pleaded guilty, but not before large protests and boycotts intended to destroy the bakery and defame the owners. The jury appears to have accepted that Oberlin College facilitated the wrongful conduct against the bakery.We will have interviews and video later. We will update this post as more information becomes available.
|[Four generations of Gibsons after Jury Verdict][Photo Credit Legal Insurrection Foundation]|
Video of David Gibson reacting:
More complete statements by attorneys Lee Plakas, Owen Rarric, and plaintiff David Gibson:
As previously posted, I was amazed at the tone-deaf and demeaning approach of Oberlin College to this family business. Oberlin College claimed the Bakery was worth only $35k, less than one semester at Oberlin College:
This case is bigger than just this case, and reflects reflects Higher Ed disconnect from the lives of most Americans:I’m still shaking my head at the tone-deafness of the defense in belittling this family business which has sustained five generations of Gibsons, and at the time of the protests sustained three generations: 90-year-old Allyn W. Gibson, his son David Gibson, and his grandson Allyn D. Gibson. There also were almost a dozen employees. After the protests, the Gibsons stopped taking salaries and most of the employees have been laid off. This is real life to these people. To say that the business was worth only $35,000 erases the lives of these people. Maybe it’s just the plaintiff’s lawyer in me coming out, but I’d cross examine this defense expert and college president, and show in closing argument, the tuition, room and board charges at Oberlin College. This business, which has been an important feature of the community since 1885, is worth less than one semester at Oberlin College?
First, from the start of this case I have questioned the aggressive and demeaning attacks on the Gibsons as a defense strategy. There is no evidence that the Gibsons did anything wrong, unless you consider stopping people from stealing something wrong. That lawful act of protecting one’s property nonetheless has devastated a 5-generation business because of Oberlin College racial politics. Gibson’s Bakery survived two World Wars, the Depression, the turmoil of the 1960s, and the so-called Great Recession, but it may not survive Oberlin College’s social justice warriors and their faculty and administrative enablers. If the jury understands this, the other pieces of the case fall into line, factually and legally.Scott Wargo, spokesman for Oberlin College, provided the following comment in response to my inquiry: “The College does not have a comment.”
Second, I never cease to be amazed at the arrogance of the college community as reflected in the defense that Gibson’s Bakery was close to worthless. It’s the arrogance of the credentialed. A business that is in its 5th generation, and that currently supports three of those generations, is something of value. A business that employed almost a dozen local employees prior to this incident is something to value. Ultimately the jury will have to put a monetary value on the dramatic drop in business, and the loss of reputation of the individuals, but to demean the business the way was done is maddening.
Oberlin just sent this blast email:
Dear Members of the Oberlin Community:
I am writing to update you on the lawsuit that Gibson Bros., Inc. filed against Oberlin College and Vice President and Dean of Students Meredith Raimondo in the Lorain County Court of Common Pleas in November 2017.
Following a trial that spanned almost a full month, the jury found for the plaintiffs earlier today.
We are disappointed with the verdict and regret that the jury did not agree with the clear evidence our team presented.
Neither Oberlin College nor Dean Meredith Raimondo defamed a local business or its owners, and they never endorsed statements made by others. Rather, the College and Dr. Raimondo worked to ensure that students’ freedom of speech was protected and that the student demonstrations were safe and lawful, and they attempted to help the plaintiffs repair any harm caused by the student protests.
As we have stated, colleges cannot be held liable for the independent actions of their students. Institutions of higher education are obligated to protect freedom of speech on their campuses and respect their students’ decision to peacefully exercise their First Amendment rights. Oberlin College acted in accordance with these obligations.
While we are disappointed with the outcome, Oberlin College wishes to thank the members of the jury for their attention and dedication during this lengthy trial. They contributed a great deal of time and effort to this case, and we appreciate their commitment.
Our team will review the jury’s verdict and determine how to move forward.
Donica Thomas Varner
Vice President, General Counsel & Secretary
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