Ohio Supreme Court Refuses To Hear Oberlin Appeal – Gibsons Can Now Collect $36 Million
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The Ohio Supreme Court refused to accept jurisdiction over Oberlin College’s appeal in the Gibson Bros., Inc. v. Oberlin College case.
The court ruled “Upon consideration of the jurisdictional memoranda filed in this case, the court declines to accept jurisdiction of the appeal or cross-appeal pursuant to S.Ct.Prac.R.7.08(B)(4).”
The decision was 4-3.
The Ohio Supreme Court just refused to accept jurisdiction over Oberlin College’s appeal (the Court also refused to hear the Gibsons’ appeal seeking to reinstate the full punitive damages award). It was a 4-3 decision, and it means the Gibsons now can collect approximately $36 million.
Lee Plakas, lead trial counsel for the Gibsons provided a statement to Legal Insurrection saying the verdict proves “David can still overcome Goliath.”
“On behalf of the Gibson family and the trial team, Truth Still Matters, David can still overcome Goliath.
We and the Gibson family are gratified that all judges on the court of appeals and the majority of the Ohio Supreme Court recognized the rights of individuals rather than the bullying tactics of the big institutions.”
Here is background on the case.
Store owners Allyn Gibson and his son, David Gibson, sued Oberlin College in November 2017 claiming they had been libeled by the school and their business had been harmed. The lawsuit was filed a year after David Gibson’s son, also named Allyn, chased and tackled a Black male student he suspected of having stolen a bottle of wine. Two Black female students who were with the male student tried to intervene. All three were arrested and later pleaded guilty to misdemeanor charges.
The arrests triggered protests outside Gibson’s Bakery where flyers were handed out, some by an Oberlin College vice president and dean of students, accusing the Gibsons of being racist. A Student Senate resolution condemning the Gibsons was emailed to all students and was posted in a display case at school’s student center, where it remained for a year. Oberlin College officials ordered its campus food provider to stop buying bakery items from Gibson’s.
Although the case could still go to the Supreme Court it is considered unlikely that it will.
