A California civil jury has found entertainer Bill Cosby liable for sexually assaulting Donna Motsinger in 1972 and awarded her a total of $59.25 million in damages. The verdict followed a nearly two-week trial in Santa Monica, marking another legal development for the 88-year-old Cosby, who has consistently denied allegations of sexual misconduct.
Verdict Details
The jury determined Bill Cosby was liable for sexual battery and assault against Donna Motsinger, 84, stemming from an incident in 1972. The awarded damages totaled $59.25 million.
Damage Breakdown
- $17.5 million for past mental suffering.
- $1.75 million for future mental suffering.
- $40 million in punitive damages.
Deliberations regarding liability and initial damages lasted over a day, with a separate session conducted for the determination of punitive damages.
Cosby's attorney, Jennifer Bonjean, stated that the legal team was disappointed with the verdict and plans to appeal the decision.
Allegations by Donna Motsinger
Donna Motsinger filed her lawsuit in Los Angeles County Superior Court in 2023, alleging that Cosby drugged and sexually assaulted her in 1972.
Complaint Details
According to her complaint:
- Motsinger, then a server at The Trident restaurant in Sausalito, California, met Cosby, who was a regular patron.
- She alleged Cosby invited her to his stand-up comedy show near San Francisco.
- During a limousine ride, Cosby reportedly offered her wine and later, what she believed were aspirin pills, after she felt ill.
- Motsinger stated she subsequently lost consciousness intermittently and later awoke at her home wearing only underwear, leading her to believe she had been drugged and raped.
- Her lawsuit sought damages for lost wages, medical expenses, pain, suffering, and emotional distress.
- The complaint also named Cosby’s production company, Jemmin, Inc., and the now-defunct Circle Star Theater, alleging vicarious liability for the production company and failure to ensure guest safety by the theater.
In a deposition video played during the trial, Cosby stated he could not recall if he had sexual contact with Motsinger.
Legal Context and Proceedings
Motsinger's lawsuit was filed decades after the alleged incident, made possible by a California law influenced by the #MeToo movement that amended statutes of limitations for older sexual assault cases.
Cosby did not testify during the trial. Witnesses included Andrea Constand, whom Cosby was previously convicted of assaulting in a separate criminal case.
Cosby's legal representatives have consistently argued that allegations against him are speculative and that any encounters were consensual. His former representative stated that the verdict sets a precedent by allowing "decade-old allegations, presented without evidence or proof, to stand."
Previous Legal History
Bill Cosby has faced multiple allegations of sexual misconduct and various civil and criminal proceedings over the past decade.
Timeline of Key Cases
- 2018 Criminal Conviction: Cosby was convicted in Pennsylvania of aggravated indecent assault against Andrea Constand, stemming from a 2004 incident. He served nearly three years of a three-to-ten-year sentence.
- 2021 Conviction Overturned: The Pennsylvania Supreme Court overturned Cosby's criminal conviction in 2021, ruling that prosecutors had violated his due process rights by reneging on a prior agreement not to charge him. This led to his release from prison.
- 2022 Civil Verdict: In June 2022, a separate civil jury in Santa Monica awarded $500,000 to Judy Huth, who claimed Cosby sexually assaulted her at the Playboy Mansion in 1975 when she was 16.
- Motsinger first made her allegations anonymously in a 2005 lawsuit associated with Ms. Constand's case, and she was one of 12 "Jane Does" who testified in Constand's 2005 civil case, which was settled out of court.
Motsinger's lawsuit is consistent with similar allegations made by at least 60 women against Cosby, all of which he has denied.
Statements Following the Verdict
Following the verdict, Motsinger's attorneys released a statement on her behalf, indicating that the verdict represented her being heard and holding Cosby accountable, and expressed hope that it would empower other survivors.
Cosby's legal team has announced plans to appeal the verdict. Reports have also indicated uncertainty regarding Cosby's financial resources, which could affect the timeline for Motsinger to receive the awarded amount.