The total amount (inclusive of compensatory and punitive damages) after applying tort reform caps is: David R. Gibson $14,000,000; Allyn W. Gibson $6,500,000; Gibson Bros. Inc. $4,549,000. The total is $25,049,000.

In the Gibson’s Bakery v. Oberlin College case, the Court has entered a Judgment (pdf.)(full embed at bottom of post) calculating the damages owed by the defendants after applying the statutory tort reform caps.

The total amount (inclusive of compensatory and punitive damages) is: David R. Gibson $14,000,000; Allyn W. Gibson $6,500,000; Gibson Bros. Inc. $4,549,000. The total is $25,049,000.

A hearing on awarding plaintiffs attorney’s fees is set for July 10.

The jury originally returned a total compensatory verdict of $11 million and punitive verdict of $33 million. In these posts we detailed the arguments of the parties as to how to Ohio’s tort reform caps applied to the calculation:

The key disputes as to how to apply Ohio tort reform caps on noneconomic compensatory damages centered on whether each claim for each plaintiff was separately subject to the cap, or did the cap apply to all claims of each plaintiff. The court appears to have ruled, as plaintiffs argued, that the cap was per claim.

More significantly, the tort reform law limits punitive damages to 2X compensatory, but the issue was whether that applied to pre-cap compensatory damages or post-cap compensatory damages. That was about a $10 million swing. The court appears to have agreed with the plaintiffs argument that under the plain reading of the statute, the 2X cap applied to pre-cap compensatory damages.

Although not directly addressed, the court appears to have denied the argument that the statutory cap on punitive damages was unconstitutional.

Here are the relevant portions of the Court’s Judgment:

David R. Gibson

Judgment is hereby rendered against Defendants and in favor of David R. Gibson for compensatory damages for economic loss in the amount of $1,800,000.00. Judgment is hereby rendered against Defendants m favor of David R. Gibson for compensatory damages for noneconomic loss in the amount of $600,000.00. ($350,000.00 on the libel claim and $250,000.00 on the intentional infliction of emotional distress claim) Judgment is hereby rendered against Defendants and in favor of David R. Gibson for punitive damages in the amount of $11,600,000.00 (two times the amount the jury awarded to the plaintiff for compensatory damages in accordance with Ohio Revised Code Section 2315.21 ). TOTAL DAMAGES FOR DAVID R. GIBSON: $14,000.000.00

Allyn W. Gibson

Judgment is hereby rendered against Defendants and in favor of Allyn W. Gibson for compensatory damages for noneconomic loss in the amount of $500,000.00. ($250,000.00 on the libel claim and $250,000.00 on the intentional infliction of emotional distress claim) Judgment is hereby rendered against Defendants and in favor of Allyn W. Gibson for punitive damages in the amount of $6,000,000.00 (two times the amount the jury awarded to the plaintiff for compensatory damages in accordance with Ohio Revised Code Section 2315.21). TOTAL DAMAGES FOR ALLYN W. GIBSON: $6,500.000.00

Gibson Bros. Inc.

Judgment is rendered against Defendants and in favor of Gibson Bros., Inc. for compensatory damages for economic loss in the amount of $2,274,500.00. ($1,137,250.00 on each claim: libel and intentional interference with business relations). Judgment is rendered against Defendants and in favor of Gibson Bros., Inc. for punitive damages in the amount of $2,274,500.00 (two times the amount the jury awarded to the plaintiff for compensatory damages in accordance with Ohio Revised Code Section 2315.21). TOTAL DAMAGES FOR GIBSON BROS. INC.: $4,549,000.00

As indicated in the Judgment, there is no Judgment against Dean of Students Meredith Raimondo, because:

On June 6, 2019, the parties stipulated and agreed that Oberlin College would be vicariously, jointly, and severally liable for any verdict or judgment rendered against Meredith Raimondo, regardless of whether a separate verdict or judgment was entered against Oberlin College.

[Featured Image: David Gibson hugs grandson after punitive damages verdict][Photo credit Bob Perkoski for Legal Insurrection Foundation]

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Gibson’s Bakery v. Oberlin College – Court Order on Damages and Judgment by Legal Insurrection on Scribd



