Gawker argues that the $55 million number is absurd, since there is no evidence that all (or even any) of the 7.5 million people who viewed the sex tape excerpt that Gawker posted would have paid $4.95 for it. Hogan argued that the sex tape cost him about $50 million by multiplying 7.5 million - the number of people who allegedly watched the tape on Gawker and other sites that picked it up from Gawker - by the $4.95 fee that porn website VividCeleb charges customers, and then adding another $15 million for the alleged benefit that Gawker got by posting the tape. Next, Gawker takes on the $55 million that the jury awarded Hogan for economic damages. Reynolds tobacco company after her father died of lung cancer a jury awarded her $8 million for emotional distress, which a different Florida appeals court ruled was excessive. In one case, a jury awarded $8 million for emotional distress to the parents of a child who died because a doctor failed to diagnose lupus a Florida appeals court ruled that the $8 million was excessive. Gawker cites a number of previous cases, involving medical malpractice and wrongful death, to make its point. In fact, courts in Florida have capped garden variety damages at a maximum of $100,000, with awards more typically falling between $5,000 and $50,000.and even damages for severe emotional distress are generally capped at a few million dollars in damages," Gawker attorney Gregg Thomas writes in the motion.Įven damages for severe emotional distress generally don't exceed a few million dollars. "Florida law is clear that the upper limit on amounts that can be recovered to compensate for 'garden variety' emotional distress is nowhere near what was awarded in this case. According to Gawker, this amount far exceeds the amount that Florida courts generally award for emotional distress, especially so-called "garden variety" emotional distress that doesn't require medical treatment. Gawker starts by examining the $60 million that the jury awarded Hogan for emotional distress. That works out to $100,000 for emotional distress, $525,000 for economic damages, $625,000 in punitive damages against Gawker and $625,000 in punitive damages against Denton. In the remittitur motion, Gawker argues that the jury's verdict is way too high and should be reduced to $1.875 million or less. Time will tell how successful each side will be at their respective tasks," Hogan's lead attorney, Charles Harder, wrote in a triumphant column about the case for The Hollywood Reporter.Ĭampbell has scheduled a hearing on Gawker's post-trial motions for May 25. While she is unlikely to throw out the jury verdict entirely, she may end up reducing it. We expect Gawker to appeal and do everything in its power to stop us from collecting. "It has been a remarkable journey, but the journey continues. "And even if the verdict were to stand, there is no justification for awarding ten of millions of dollars never seen by victims of death and serious injuries." So we expect to be fully vindicated," the company said in a statement on Tuesday. "Gawker is now beginning the process of challenging the jury's verdict in a trial where key evidence was wrongly withheld and the jury was not properly instructed on the Constitutional standards for newsworthiness. Daulerio.īoth sides are now preparing for the next steps in the case. A few days later, they tacked on another $25.1 million in punitive damages against Gawker, its CEO Nick Denton and its former editor A.J. awarded professional wrestler Hulk Hogan $60 million in emotional distress and $55 million in economic damages resulting from Gawker's decision to publish a short excerpt of a sex tape featuring him.
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