Judge limits damages in woman's suit against K-Rock over shock jock's remarks

A Lee circuit judge dealt a major blow to a woman who sued the owners of 96 K-Rock, ruling she can’t seek punitive damages or use a radio standards expert in her lawsuit involving a shock-jock radio show host.

The ruling by Circuit Judge Christine Greider came Monday, 4½ years after popular radio host Joe Scott’s death and a week before “Jane Doe’s” 2005 lawsuit against Beasley Broadcast Group is expected to be heard by a jury.

Doe, formerly of Cape Coral, was a longtime girlfriend of Scott, who died in 2006, and their daughter was a teen at the time. Doe sought an injunction to halt his daily diatribes against her, morning shows in which he called Doe a prostitute, thief, drug-user, and other names, despite her complaints to the station asking him to stop.

The judge denied all except one of Doe’s motions — to bar a defense exhibit list because it was produced after a deadline — and granted all defense motions.

Greider explained she was adhering to a July case-management schedule that set dates for motions, disclosures, amendments and other requirements for the plaintiff and defense.

And, she ruled, Doe’s attorney, William D. Thompson Jr. of Fort Myers, hadn’t adhered to deadlines, as Beasley’s lawyers — Kelley Geraghty Price and David Lupo of Cohen and Grigsby — had argued.

The station’s lawyers contended they didn’t even know the address of Doe’s expert — or what his name was: Gary, Gerry or Gerald.

“It is the intent of this court to prevent last-minute gamesmanship,” Greider said, outlining why she was prohibiting Girard Westerberg of Lexington, Ky., from testifying as an expert on radio industry standards and FCC rules. “... The court understands that striking the testimony of Gerry Westerberg — or Gerrard Westerberg — is the most drastic measure available.”

Despite Thompson’s arguments that he’d complied with disclosure requirements — and that Girard also uses the name Gerry — Greider ruled he hadn’t provided the defense with what it needed, including an expert report, to help it prepare for cross-examining him or to hire an expert to counter his testimony.

Thompson also lost motions to amend Doe’s lawsuit to include punitive damages and to seek damages for defamation by implication.

Station attorney Price had argued Doe never asked for a retraction and that Thompson couldn’t seek damages for defamation by implication due to a two-year statute of limitations that expired.

Price’s motions have scoffed at Doe’s allegations, contending Doe only suffered a cold sore, not humiliation or embarrassment, and that she’d willingly been on Scott’s shows numerous times.

Last month, Price successfully whittled down Doe’s lawsuit to invasion of privacy, and negligent hiring and retention of Scott.

This week’s hearing further shaped what jurors will hear at what’s expected to be a three- to five-day trial scheduled to start next week.

Doe’s lawsuit alleges Scott, a known drug addict, was in rehab at The Willough in Naples in April 2005, when K-Rock hired him to fill a void after the popular Howard Stern show ended. Scott has admitted he’d been fired five times over 15 years due to drug problems and battles with bosses.

“... In April of 2005, defendants hired and encouraged Joe Scott to perform as an on-air personality for the express purpose of financial profit to preserve ratings and advertising revenue following their loss of the nationally syndicated Howard Stern morning drive-time broadcast,” the lawsuit says.

The next month, it alleges, Scott went on air while under the influence of drugs, alcohol or medication, defamed Doe and disclosed private details about her life. Despite her complaints, the lawsuit contends his bosses didn’t stop him or fully investigate Doe’s complaints.

Scott was fired in March 2006 after he was suspended for not showing up for work for three days. The 46-year-old Cape Coral man died nine months later, after collapsing in his home.

Greider’s ruling barring punitive damages, which are meant to punish and deter similar conduct, came after Price alleged Thompson was trying to amend the lawsuit after six years.

As a result, jurors won’t learn that Naples-based Beasley Broadcast Group’s SEC filings showed it earned more than $122 million in revenues in 2004.

If jurors award Doe compensatory damages, they could have given her four times that in punitive damages, capped at $2 million — or no cap if they found her pleas and warnings that Scott was high were ignored.

Throughout Monday’s hearing, Price argued Thompson “cut and pasted” motions and demands, never changing them over the years.

“The failure of the plaintiff to modify his requests to the current time frame (make them) completely irrelevant because Joe Scott has been deceased for five years,” Price argued.

She contended Thompson didn’t comply with her requests for years, while Thompson argued his requests for station policies, sales figures, emails and other documents were never turned over.

He’d argued he needed sales documents to prove Scott was rehired to increase sales.

It was clear Monday that Thompson disagreed with the judge’s rulings and was getting his objections and arguments on the record if an appeal were necessary to the 2nd District Court of Appeal.