David Gibson VIDEO: Oberlin College plans to drag out litigation because it knows I’m dying from pancreatic cancer
“They’re sending a clear message to me and to my 91-year-old dad that they will just wait us out.”
David Gibson, one of the owners of Gibson’s Bakery and a plaintiff in the lawsuit that yielded almost $32 million in damages against Oberlin College, has just posted a video on Facebook announcing that he has pancreatic cancer. (h/t to multiple readers for alerting me)
In the video (below), David says that Oberlin College has known about his illness for several months, and made a motion in court to keep that information away from jurors.
Gibson goes on to assert his belief that the assertions by Oberlin College’s president that there is a long legal battle ahead is an attempt to send a signal that the college will just wait out his illness.
“They’re are sending a clear message to me and to my 91-year-old dad that they will just wait us out.”
(if video does not load, click here)
Here is the full transcript:
Hello, I’m Dave Gibson of Gibson’s Bakery and Candy. I wanted to take a moment to thank everyone who’s reached out to our family after the recent verdict in our lawsuit against Oberlin College.
I’ve been amazed at the kind words of encouragement we’ve received from all over the world, including the support of so many people right here at home. I know I haven’t been able to respond to all your emails and letters, but please know that your words are greatly appreciated.
It’s very humbling to know that so many people care about my family and our bakery, so I wanted to record this video to express how much your support means to us. You know, part of what we’ve heard is that the impact of this case is not just limited to our town or even Ohio. And while I’ve been shocked at the national attention our trial received, I guess it shouldn’t be a surprise. The fight has always been about sending the message that the truth still matters and doing the right thing, even when it’s difficult, is important. No matter who you are or where you live.
As you may know, the president of Oberlin college has recently indicated from their perspective, the jury verdict is just the first round of what will be a long and difficult battle. It’s become clear that the fight’s not over. With that in mind, I’ve decided it’s time to share some news my family has attempted to keep private until now.
As we’ve been going through this legal battle, I’ve been going through another personal battle. Late last year I was diagnosed with the devastating news that I have pancreatic cancer. Once the next round of my treatments begin, I know this will be impossible to hide any longer, so I wanted you to hear it from me.
Oberlin College has known about my health condition since February. Their legal team filed a motion to prevent any mention of my cancer diagnosis at the trial and honestly, we agreed because I wanted the jury to decide this case on the facts alone. Nothing else.
As you know, the jury sent a clear message that the truth still matters in this country. But recent public statements from Oberlin College make it clear that the college is refusing to accept the jury’s decision. The college has stated that the verdict is just the beginning of a long legal process. I believe they’re sending a clear message to me and to my 91-year-old dad that they will just wait us out.
But, I’ll do everything I can to make sure I see this through. And even if I’m not able to see the end of this battle, our family has committed to continue serving the Oberlin community just as we have for the past 134 years. So while this journey has been difficult in many ways, I just wanted to say thank you. Thank you for your messages. Thank you for all of your support. Thank you to those members of the Oberlin college community who aren’t afraid of saying or doing the right thing. Thank you to the jurors who sacrificed their time. Thank you to the American justice system that enables a David to stand up to a Goliath. And most importantly, thank you for your prayers.
Comment has been requested from Oberlin College and David Gibson’s attorneys. If any comment is received, we will post it.
THIS POST WILL BE UPDATED
UPDATES:
The attorneys for the Gibson’s provided the following statement:
“Our thoughts and prayers continue to be with Dave, Lorna, and their family”
UPDATE 8-7-2019
I received the following statement from Oberlin College’s Spokesman:
“Oberlin College wishes Dave Gibson well as he battles pancreatic cancer. Our thoughts and prayers are with him and his family during this difficult time.”
— President Carmen Twillie Ambar —
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Comments
Nobody should be surprised at how mendacious Oberlin is.
The survivor statute seems to protect him in Ohio:
http://codes.ohio.gov/orc/2305.21
Anybody know for sure?
This is beyond contempt.
It is so predictable, though.
The truth is the law and due process make this possible. While this may set off our sense of justice and moral outrage, this is the process we deal with today. Sometimes the bad guys win.
Or, as Mark Steyn has mentioned a few times, “The process is the punishment.”
And sometimes they lose. I have been involved in a number of cases where cocky, totally immoral organizations lost really big. One case had a terminal plaintiff. The company could probably have settled for $10 million, the plaintiff died, several years later the defendant lost over a half billion. Premadonna upper management lost their jobs, as did thousands of their employees.
I don’t know what the Ohio judgment interest rate is, but I’ll bet it will cost Oberlin a lot more to stall this out, whether or not the current plaintiffs survive. By the way, it would be surprising if Oberlin did not file an appeal in a case of this magnitude.
Of course they will file an appeal, if they do not settle. That is because appeals courts have a reputation of cutting big awards like this, regardless of whether the trial court follows the guidelines, or not.
But Oberlin would be better off settling, with an eloquent apology.
I am sure they have been told. McDonald’s was also told.
The time for settling was a year ago or more. Now there’s a big verdict.
I can’t advise the Gibsons what to do. But I hope they’ll be able to prevent Oberlin from profiting by its delaying tactics. Everyone knows they’re guilty now.
All that will be required is an appeal bond in an amount equal to the judgment and two to three years interest. That will insure that the Gibson family receives what they deserve once the trial court’s decision is affirmed.
I seem to remember reading somewhere (sorry, don’t have the link any longer) that it’s 5% per year. So that would calculate out to be about $4,400/day ($1,600,000 per year) for stalling. And then there’s the additional attorney’s fees to consider when they lose their appeal. It’d be better off if Oberlin just paid now and got it over with.
(Don’t quote me on any of the above.)
Several people have claimed that 5% on this site in comments.
I have a different question. What cause of damages is David being reimbursed for? If it is personal might that change when the damages period was 30 years and he did not live that long due to causes Oberlin was not responsible for?
Somebody convinced the board that they could reduce the payout by more than the cost of the bond and the subsequent legal team(s)and maybe even overturn the whole thing and pronounce their innocence to all and sundry.
That makes it seem like Oberlin would rather pay the bonding company and Lawyers (in general) than the entities they gleefully harmed.
The verdict has been rendered, that decision is in the past. The appeal will be focused on whether or not the Judge made an Error of Law in his conduct of the trial. I don’t think he did, at any point, and I think the decision will stand.
I think the interest rate on judgments in Ohio if 10 percent simple interest.
It’s reprehensible that any parent would send their child to Oberlin after this disclosure.
RNJD, you are correct. However, all of the East coast liberals with sons and daughters that could not get into an Ivy are on Oberlin’s side, not the Gibsons.
That’s not a disclosure, it’s an allegation. There are many reasons not to pay a judgment besides spite against a dying plaintiff. But it’s not like Oberlin can hide or hide assets. They have lots of assets against which to execute a judgment.
Or grandparents, I will likely fund my grandchildren’s college, and Oberlin does not have a prayer in hell of getting a dime.
What happens if a litigant dies during the appeals when there are multiple plaintiffs?
Jarndyce vs Jarndyce. Generally his heirs take over his claim.
LOL! God help them if this turns into Jarndyce vs. Jarndyce!
Correct! Or, his estate is substituted as the party plaintiff.
Thank you for answering this, I was getting ready to ask this same question. Glad I read some of the comments first!
Ohio’s survival statute:
http://codes.ohio.gov/orc/2305.21
The award falls to Plaintiffs’ heirs. “Waiting out” the life span of the Plaintiffs gains Oberlin nothing from a financial perspective.
Are you sure waiting out the plaintiff can gain nothing. Hypothetically, what if judicial error is determined to have been made and the case is sent back for a new trial?
I don’t intend for this to sound insensitive, it’s simply reality. Given the prognosis of his disease, at this point the money is for his heirs, not for him.
A lot of big legal fights are won posthumously.
Ruth Bader Ginsburg seems to have done very well with a diagnosis of pancreatic cancer.
Yea, for some reason evil seems to survive.
zombies are hard to kill…
aww I see we have a butthurt downvoter. oh well
Poor, poor Rags, can’t get any respect and now doomed to be the petty drive by downvoter.
Oberlin as a proxy for the left – always wrong but never in doubt.
The chief money interest to the elderly is who to leave it to, not getting it.
Going to court is a way to say enough is enough. It’s not even looking for agreement, though that may, as in this case, happen.
Damn! Oberlin is going full McDonald’s Coffee Case on Gibson’s.
One of the things the jerk attorneys for McDonald’s did in that case was use every delay tactic possible, in hopes that the elderly plaintiff, who had suffered 3rd degree burns to her lap area, would die.
They deserve the publicity.
The evil that has overtaken Oberlin will not be quenched. Oberlin has now achieved Al Sharpton status.
In a better world, students would be protesting against Oberlin and the hatred that Oberlin has fomented against the Gibsons.
Very sorry to learn of Mr. Gibson’s diagnosis
It seems unlikely that legal costs will exhaust the judgement amount.
He’s now the last lecturer. Prayers be with him.
A wonderful analogy. The humility demonstrated by Mr. Gibson during this tribulation is no less than that of Prof. Pausch who I continue to share with those who mysteriously have not seen “Last Lecture”.
Thank you for this. You inspired me to look at “The Last Lecture”, which I’ve never seen. It is wonderful.
I wonder if Oberlin has tendered an offer?
https://www.youtube.com/watch?v=m-kUrljcgV4
Probably $35,000, Oberlin College is being run by some real losers.
Prayers to the Gibson family.
Man didn’t think Oberlin could wind up looking worse and then they pull this [4 letter word starting with S]! Trying to weasel out of paying a dying man what they owe him, SCUMMY in every sense of the word!
I wonder if Twillie ever read Moby Dick? An important life-lesson seems to be missing from Oberlin’s game book over the last year or so.
A non-Oberlin affiliated friend sent this link to me this AM asking “At what point will it occur to them that they are being outclassed in the world of public relations …? ”
My response was “Never.”
I share your view on PR. How do they avoid the appearance of picking on a dying man and his family? How many more enrollments might this cost them? Have they no shame?
I was in Oberlin on Sunday further researching the Gibson matter. The PR stupidity and apparent legal stupidity on the part of the college are only the tips of the iceberg.
Allegedly the college very much covets a parking lot that the Gibsons own in downtown Oberlin. This parking lot is next to the Conservatory and needed for the survival of the few remaining downtown merchants. This small parking lot is critical because the downtown retail buildings were built for horses in the 1880s. The remaining small merchants are surviving despite there being a huge Walmart 2 miles away.
So, if the college wins the appeal it gets the parking lot, enormous ill will, and much schadenfreude from vanquishing the evil Gibsons. Its the law, but it is not justice in any broader sense of the word.
The presentation against them were so good and their defense was so bad that I doubt they can play for much more than a reduced sum on appeal.
A reversal (I think reversal or reduction would have to be done by bench, not jury) is highly unlikely.
We now have the bad news from the Gibson camp. So sorry. Will it be possible for the Gibson’s to file individual suits against the students involved.if enrollment is important to Oberlin this may be the rock that shatters the glass house. Enough camera footage is available and with due diligence any number could be identified. Oberlin was found guilty would not the students also be guilty ?
Food fo thought!
The students are probably the primary culprits and should be pursued as you suggest. The fact remains that the college made no effort to explain that the students were expressing their own opinions and not the opinion of the college.
Worse yet, the board of trustees made no apparent effort to reign in the growing liability risk to the college. It is my fervent hope that this negligence can somehow be dealt with by bringing a breach of fiduciary duty action against the trustees for their allowing the college to be set up for so much liability. All alumni have had the value of their degrees cheapened by the self-righteous folly of the college, so we alumni should have the standing to bring such a case. Whether or not there is a law firm willing to take the matter on is another discussion.
/s/ JD Nobody, OC ’61.
Remember, the trustees are just a committee and the primary purpose of a committee is to maximize the dispersal of blame should anything go wrong. The bigger the committee the easier it is for an individual to wring his/her hands in a dramatic act of helpless innocence.
One would hope that none among the trustees dislikes President Trump because the trustees are running the college with about the same managerial skill that President Trump is using to run the country.
/s/ JD Nobody
“thoughts and prayers” from a Leftist organization is like delivering a slap to the face. The comment was meant to be insulting.
If he’s already several months into a diagnosis of pancreatic cancer it’s fairly likely he doesn’t survive the year. Oberlin may believe his heirs will make a deal.
The “thoughts and prayers” were from the Gibsons’ attorneys…hardly a leftist organization. I’d take that thumb-up back if I could figure out how.
Prof. Jacobson,
Thank you for your work in spreading the word about the policy of “death, repression, and the pursuit of misery” for the Gibsons.
The divine right of queens, their infallible righteousness, and their ladies in waiting have needed to be called out for some time. The tragedy is that in bringing this out you and the commenters on this blog are preaching to the choir and are not reaching those who know little of what has happened.
Nobody thanks you for work, along with the many somebodies who agree with the need for what you are doing.
/s/ JD Nobody, OC ’61.
I think David Gibson is going to outlast Carmen. Her popularity with alums is dwindling, and I recently got a copy of a terse communication between an influential party and the admissions department which will cause some to notice that the tide is not in their favor. Oberlin is now 3rd and on its way to being the 5th ranked school in Ohio. But keep pulling back on the stick.
Don’t let the feckless trustees off the hook too easily. They apparently have not pulled back on the reigns of the queen and her court because God and the tooth fairy have the trustees’ back.
The college’s in-house counsel also merits mention. In my experience, many organizations ignore the in-house lawyers when the going gets rough and bypass them in favor of the worst out-house lawyers money can buy. That may not apply to Oberlin as they might have gone all out to be all-inclusive in making every lawyer on the team an out-house lawyer. Indeed, who could be so unkind as to oppose hiring the handicapped?
Oberlin was going off the rails before Gibson’s. For example, if you have not read the (appalling) “non-negotiable” demands of ~15 students late in 2015, you should. I believe that was supported by ~700 students.
Ambar may see herself as up against the “Deplorable” Gibson’s Bakery which must be defeated at all costs, including the long term decline of her employer. On the other hand, her employer likely fears that replacing her after two years will damage their brand. They really may see no good choices and, as Gibson’s lawyer said, they don’t appear to have an adult in the room.
Yuck. Where can we find a member of that endangered species – i.e. an adult? The whole situation makes me sick.
I almost understand the complex, underlying forces that are at work here. In short, her majesty and Donald Trump are far more symptoms of what is wrong in the world than they are the cause of it. Try to explain that to the average Joe who wants everything explained comprehensively in half of a tweet.
/s/ JD Nobody
The middle-aged brats calling the shots for the college are SJWs who are warriors with no warfare training.
In my Air Force training I was taught:
1. Never fight a battle you don’t have to fight.
2. Have a clear objective and quit fighting when it is achieved.
3. Give the enemy an out whenever you can.
Interestingly, the Social Justice Warriors guiding Oberlin in this matter have the same smarts as the nuclear missiles which I commanded. Missiles are pre-programmed to blindly zero in on their target without reference to what is going on around them. They have to behave this way to keep from being jammed in flight.
Similarly, Oberlin’s doctrinaire SJWs are also pre-programmed to ignore any information that might “jam” their trip to their “target.” In other words, they will never be confused by facts once launched. Sad.
If Mr. Gibson happens to read this column and comments, sir, I would like to thank you and your family for standing up for truth and justice. May God grant you peace.
Prayers.