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Four generations of the Gibson family

I last wrote on this topic in December of 2019 in The Gibson’s Case: Oberlin Lies and Smears—Still.  All SMM articles in this case may be found by entering “gibsons” in the SMM home page search bar.  Here’s part of that article:

What can one expect of people who have no respect for others, who have no decency, and who actively hate any that don’t share their worldview?  It is apparently unlikely, under Ohio law, the verdict will be overturned.  One can hope so, but in the meantime, Oberlin, which earlier pled poverty, continues to expend millions it supposedly does not have to vindicate its false narrative of racism, to brand the Gibsons, in life and death, racists, when even the black shoplifters who beat Allyn Gibson for daring to stop their theft, admitted racism was not at all involved.

Discovery revealed Oberlin has an endowment of a billion dollars, so they’re not exactly poor, but they are blatant liars and scoundrels.  I recommend reading the four previous articles, but a quick review:

The Gibson’s run a bakery and convenience store that has been in the family since 1889.  One day three Oberlin students, two girls and a guy, tried to buy booze, but were denied because they were underage.  The guy stole a bottle and fled, was pursued by Allyn Gibson—the younger—and stopped.  The two girls assaulted Gibson, and the police arrested all three, who eventually pled guilty to the charges.  There it would have ended, but for three salient facts: Gibson is white, the students were black, and Oberlin is not only woke, but militantly, viciously woke.

Oberlin arranged a protest, partially financed it, provided other support to the 200-300 students, and of course, accused the Gibsons of racial profiling and of committing all manner of past racial outrages.  There was, of course, no evidence of any of that, but Oberlin was determined to destroy the Gibsons in the name of the revolution.

The case went to trial, and Oberlin lost big:

One of the big questions in the Gibson’s Bakery v. Oberlin College case is why it didn’t settle. Based on recent court filings, we have a glimpse at the settlement process, and how it failed.

Currently the judgment for the plaintiffs amounts to almost $32 million in damages (including attorney’s fees) and defendants were required to post a $36 million bond to secure the judgment pending appeal. The trial court recently denied the defense request for a new trial. An appeal is expected, so it’s not over until it’s over.

That judgment resulted from two verdicts: $11 million compensatory damages rendered on June 7, 2019, and $33 million in punitive damages rendered on June 13, 2019, after a separate punitive damages trial. The combined $44 million was reduced by the Court under Ohio’s tort caps to just over $25 million. The Court also awarded over $6.5 million in legal fees and costs against defendants on top of the damages.

On appeal, defendants will seek to have the entire judgment vacated or reduced. The Gibsons have indicated they will seek to have the full $44 million verdicts restored, arguing the tort caps as applied in this case violate the Ohio constitution.

David (L) and Grandpa (R) RIP

Oberlin, ever arrogant and stupid, appealed.  Sadly, prior to the outcome of that appeal, which was recently decided, David Gibson died on 11-16-19 of pancreatic cancer.  He knew, and said, Oberlin was trying to drag the case out because they knew he was dying, and wanted to hurt the Gibsons any way they could.  Equally sadly, Grandpa Gibson died on 02-14-22 at 93.  His fervent wish was that everyone would finally know he was no racist.  I have faith he knows, despite the worst efforts of the evil Marxists running Oberlin.

Professor Jacobson at Legal Insurrection—he’s been following the case too—provides this:

On November 10, 2020, the Court heard oral argument on (1) the appeal by Oberlin College and Dean of Students Meredith Raimando seeking to overturn the compensatory and punitive damage awards totalling, after reduction under Ohio tort reform law, $25 million, plus over $6 million in attorney’s fees, bringing the judgment to over $32 million, and (2) the cross-appeal by Gibson’s Bakery and two members of the Gibson family (including the widow of the late David Gibson) seeking to restore the full $33 million punitive damages award, arguing the tort reform reduction was unconstitutional, which would add back about $15 million to the judgment.

In short, the Gibsons prevailed.  The judgments, plus substantial interest which has been accruing for years, will add millions to Oberlin’s original $31 million payout.  The complete decision may be read here: 

Owen Rarric, co-counsel for the Gibsons, provided the following statement:

‘The Gibson family appreciates the Court of Appeals’ thorough and thoughtful analysis which rightly rejected all of Oberlin College’s and Dean Raimondo’s challenges on appeal.’

Oberlin, which has never apologized, and has done all it could to keep the racial outrage pot stirred, will never quit until social justice triumph:

Oberlin Director of Media Relations Scott Wargo provided the following statement on behalf of the college:

‘Oberlin is obviously disappointed that the appeals court affirmed the judgment in its ruling earlier today. We are reviewing the Court’s opinion carefully as we evaluate our options and determine next steps.

In the meantime, we recognize that the issues raised by this case have been challenging, not only for the parties involved in the lawsuit, but for the entire Oberlin community. We remain committed to strengthening the partnership between the College, the City of Oberlin and its residents, and the downtown business community.  We will continue in that important work while remaining focused on our core educational mission.’

Oberlin could ask the Ohio Supreme Court to take the case, but like the Supreme Court, they grant cert to only a small portion of all cases each year.  As with the Supreme Court, the Ohio court tends to take only cases that present major public issues.  This case, a defamation case, does not, but there no way to know what will happen if Oberlin appeals.  If they do not, that’s the end of it, and the Gibsons will finally receive at least a little justice.  The eventual payout will amount to only about 3% of Oberlin’s wealth, so no one should be concerned for them on that account, or any other.

Oberlin desperately tried to turn this into a first amendment case.  They failed:

{¶3} This Court recognizes that this case has garnered significant local and national media attention. The primary focus of the media coverage, and the several amicus briefs filed in this case, has been on an individual’s First Amendment right to protest and voice opinions in opposition to events occurring around them locally, nationally, and globally. This Court must emphasize, however, that the sole focus of this appeal is on the separate conduct of Oberlin and Raimondo that allegedly caused damage to the Gibsons, not on the First Amendment rights of individuals to voice opinions or protest.

No student was sued, no protest was in any way hampered:

{¶4} When this case went to trial, the student protests were not a subject of this defamation case, but merely provided a background for how other, potentially defamatory speech arose and was disseminated. Moreover, as will be explained in much greater detail in this opinion, prior to allowing the jury to consider whether any written statements were actionable, the statements were reviewed by the trial court (and will be again by this Court on appeal) under modern defamation law, which explicitly protects First Amendment free speech.

Students were not sued for defamation; Oberlin and several of its functionaries were:

{¶25} Oberlin has asserted throughout this case, as have several organizations through amicus briefs on appeal, that any liability for defamation in this case could have a chilling effect on students’ rights to free speech at colleges and universities across the country. This Court must emphasize, however, that Oberlin was granted summary judgment on the Gibsons’ claims based on the verbal protests by Oberlin students. The trial court agreed that the student chants and verbal protests about the Gibsons being racists were protected by the First Amendment and, therefore, were not actionable in this case. By the time of trial, the Gibsons’ libel claim focused solely on whether Oberlin had disseminated false, written statements of fact that caused the Gibsons significant harm.

Final Thoughts:  The Gibsons did more than anyone could or should to resolve the matter peacefully and quietly, but they were repeatedly pushed into a corner, and fought back against woke insanity and cruelty before it became fashionable, and thus far, have won.  Despite pleading poverty, Oberlin continues to waste millions trying to harm the Gibsons.  Having careers as a police officer and teacher, I know all too well few situations are black and white, but this one is as close as it comes.  The Gibsons were entirely innocent and blameless–they did nothing wrong–and Oberlin and its Marxist “leaders” are without question, evil.  I’ll keep reporting as the situation requires, but for now, the good guys have, at least temporarily, won.  The score: Good: 2; evil: 0.