New York Verdicts

Amount:

$1,305,000

Type:

Verdict-Plaintiff

State:

New York

Venue:

Richmond County

Court:

Richmond Supreme

Injury Type(s):

Case Type:

Intentional Torts – Assault, Defamation

Case Name:

Jeffrey Gross v. Rebekah Johnson,
No. 104145/08

Date:

June 9, 2014

Plaintiff(s):

Jeffrey Gross (Male)

Plaintiff Attorney(s):

Martin Rubenstein;
The Law Offices of Howard M. File Esq.;
Staten Island,
NY,
for
Jeffrey Gross

Plaintiff Expert(s):

Stephen Hornyak;
M.D.;
Surgery;
Staten Island,
NY called by
Martin Rubenstein

Defendant(s):

Rebekah Johnson

Defense Attorney(s):

Edwin F. Lambert Jr.;
Miller, Leiby & Associates, P.C.;
New York,
NY,
for
Rebekah Johnson

Defendant Expert(s):

Arnold Berman;
Orthopedics;
Philadelphia,
PA called by
Edwin F. Lambert Jr.

During a period that spanned 2004 and 2006, plaintiff Jeffrey Gross, a community-service worker, was the subject of literature that was distributed in the New Brighton section of Richmond County. The literature was distributed by Rebekah Johnson, who had previously resided with Gross in a commune that was located on Corson Avenue, in New Brighton. Johnson alleged that the commune was a cult and that Gross and other members permitted and encouraged sexual abuse among the members. During the evening of May 29, 2006, Gross was shot on Corson Avenue, immediately outside of the commune. Gross sustained injuries of an arm, a hip, his neck and his stomach. He claimed that Johnson was the shooter. Johnson was arrested and prosecuted, but she was ultimately acquitted. Gross sued Johnson. Gross alleged that the shooting constituted assault. He further alleged that he was defamed by the information that Johnson disseminated during the two years that preceded the shooting. Gross claimed that Johnson distributed flyers that falsely branded him a pimp and a racist, that the flyers falsely stated that the commune was a cult, and that the flyers portrayed him as a Charles Manson figure who allowed Johnson to be raped and sexually abused. Gross also claimed that Johnson routinely followed him, accosted him and photographed him. Gross further claimed that Johnson was the person who shot him. A witness claimed to have seen a woman who matched Johnson’s appearance running from the scene of the shooting. Defense counsel noted that Johnson was not positively identified as the shooter and that the gun was not recovered. He contended that forensic evidence did not implicate Johnson. Defense counsel acknowledged that Johnson repeatedly distributed information regarding Gross and the commune in which Gross lived, but he claimed that the information was entirely accurate and, therefore, that it was not defamatory.

Gross sustained a gunshot wound of his neck, resulting in a transection of the left brachial vein; a gunshot wound of his stomach; a gunshot wound of the upper portion of his left, nondominant arm, resulting in a comminuted fracture of the arm’s humerus; and a gunshot wound of his left hip’s acetabulum, which is the rounded pelvic cavity that receives the head of the femur. Gross was placed in an ambulance, and he was transported to a hospital. He underwent a laparotomy, which involved repair of the injury of his stomach; he underwent surgical reconstruction of his left brachial vein; and his left arm’s fracture was addressed via open reduction and the internal fixation of screws. Gross claimed that, as a result of his injuries, he was unable to work during the two years that followed the shooting. He also claimed that he experienced emotional distress stemming from the shooting and Johnson’s information distribution. He claimed that Johnson spread false information that defamed him and tarnished his reputation in his community and his commune. Gross left the commune in 2008. Gross further claimed that his left arm remains painful and weakened, that he suffers a residual diminution of the sensitivity of his left hand, and that he suffers a residual diminution of his left elbow’s range of motion. Gross’ treating surgeon opined that Gross suffers permanent residual effects. Gross sought recovery of past medical expenses, damages for defamation, damages for past and future pain and suffering, and punitive damages. Defense counsel contended that Gross achieved a good physical recovery. The defense’s expert orthopedist opined that Gross’ left hand retains merely minor sensory deficits, and he noted that the hand is not Gross’ dominant hand. Defense counsel also maintained that Gross was not defamed by any information that Johnson distributed.

The jury found that Johnson shot Gross on May 29, 2006, that Johnson had previously distributed false information that defamed Gross, and that Johnson’s actions were shocking and dangerous. It determined that Gross’ damages totaled $1,305,000, which included punitive damages.

Jeffrey Gross: $105,000 Personal Injury: Past Medical Cost; $250,000 Personal Injury: Punitive Exemplary Damages; $200,000 Personal Injury: Past Pain And Suffering; $50,000 Personal Injury: Future Pain And Suffering; $100,000 Personal Injury: emotional distress; $300,000 Personal Injury: shocking and outrageous conduct; $300,000 Personal Injury: defamation

Judge:

Desmond A. Green

Trial Length:

9
 days

Trial Deliberations:

5
 hours

This report is based on information that was provided by plaintiff’s counsel. Additional information was gleaned from court documents and an article that was published by SILive.com. Defense counsel did not respond to the reporter’s phone calls.