Gibson’s Bakery “May Only Survive for the Next Couple of Months,” Pleads With Court To Collect Against Oberlin College

WILLIAM A. JACOBSON JUL 27, 2022 11:25 AM

It is over 3 years since Gibson’s Bakery obtained judgment against Oberlin College for almost $32 million, which with accumulated interest nears $36 million, the amount of a bond posted by the college through Zurich American Insurance to secure the judgment.

Neither “Grandpa” Allyn Gibson nor his son David Gibson lived to see the Gibson family collect. They both passed away, as Oberlin College waited them out.

Oberlin College has done everything possible to delay the Gibson’s getting the money, including an appeal which the college lost and another appeal to the Ohio Supreme Court, which has not yet ruled on whether it will hear the case. Because the appellate court ruling affirming the judgment included a mandate that the trial court “execute” on the judgment, the Gibsons moved in the trial court to collect the bond. The college then sought a stay from the Ohio Supreme Court. Neither the trial court nor the Ohio Supreme Court have ruled on the motions as of this writing, so the Gibson’s attempt to collect on the bond is in limbo.

Yesterday the Gibson’s filed a Motion To Enter Judgment or For Hearing in the trial court, pleading for a ruling on collection of the bond, because the bakery is on the verge of going out of business:

Plaintiffs Gibson Bros., Inc. and Lorna J. Gibson, as the executor and representative of the Estate of David R. Gibson and the Estate of Allyn W. Gibson (collectively “the Gibsons”) respectfully request that this Court schedule an oral hearing on or grant their Motion to Enter Judgment Against Surety Zurich American Insurance Company. The Ninth District Court of Appeals issued a mandate to the Trial Court which did not include a stay of execution. The delay in enforcing the unanimously affirmed judgment will result in irreparable harm to the Gibson family and their iconic bakery….Gibson’s Bakery is a proud, 137-year-old, fifth-generation, family business. It has survived two World Wars, the Great Depression, and the Great Recession-but unless the Gibsons soon receive the judgment to which they are entitled, it may not survive the continuing consequences of Oberlin’s malicious and tortious  conduct. The continuing conduct of which the Gibsons have become aware and which has brought the Gibsons to their knees include the following: Oberlin College’s authorized new student tour guides. are still being heard to say don’t shop at Gibsons Bakery when the tours pass in front of the store; neither the College, its administrators, nor its professors have resumed any ordering of the Gibson’s products for College events; and notices still denigrating the Gibsons are posted in College buildings forstudents and their families to see.Beginning with the College-supported business disruptions that are already in the recordand continuing to the present, Dave Gibson and his surviving widow, Lorna, have been requiredto mortgage virtually all of their equity in their home and rental properties to remain viable. Thevarious mortgages are a matter of public record and undoubtedly the Gibsons’ financial distressis known to Oberlin College. Now, Lorna estimates that unless there is a substantial change incircumstances, the bakery may only survive for the next couple of months.As Ohio courts have observed: “Justice delayed is justice denied’ may be an old adage, but it undoubtably rings true.” Adkins v. Commissioner of Social Security, S.D. Ohio No. 1 :20-cv-745, 2021 WL 6134139. The Gibsons are in need of speedy justice and an end to Oberlin’s delay tactics. The Gibsons respectfully request an oral hearing or granting of their motion to enter judgment on Zurich American Insurance Company’s supersedeas bond. Speedy relief is necessary for the preservation of their historic business and the lifetime work of generations of Gibsons.

For the full case history, see our tag Oberlin College – Gibson’s Bakery.

[Featured Image credit: Daniel McGraw for Legal Insurrection Foundation]

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