Read the documents
To read documents in the woman's lawsuit vs. K-Rock and Beasley Broadcast Group, click on documents below.
FORT MYERS — A state appeal court ruled Friday that former shock jock Joe Scott's ex-girlfriend proved she suffered from depression, anxiety and a rash due to his on-air tirades, overturning a Lee judge's ruling in favor of 96 K-Rock and Beasley Broadcast Group.
The 2nd District Court of Appeal in Lakeland agreed Patti Davis proved she'd suffered an invasion of privacy due to Scott's curse-laden diatribes against her in 2005 and that Circuit Judge Christine Greider had erred by not allowing a jury to decide whether Davis was entitled to "nominal damages," a smaller sum, on the invasion of privacy claim.
"It is clear from the record in this case that (Davis) presented evidence that the disc jockey publicly disclosed private facts about her during the subject broadcasts," the three-judge panel wrote in a four-page ruling. "She also presented evidence that, as a result of the broadcasts, she suffered stress, anxiety, humiliation, and physical ailments such as a large rash and boil on her face, which left a residual scar."
The appellate court affirmed Greider's other rulings, which dismissed other counts of Davis' 2005 lawsuit — false light, unauthorized publication of name or likeness.
Part of the way through the trial in May 2011, Greider entered a verdict in favor of Beasley Broadcast. The judge told attorneys a lack of provable damages required her to rule in Beasley's favor before it began its defense.
Jurors told the Daily News, Davis and her attorney that they were upset they hadn't been able to decide the case in Davis' favor. One said she would have awarded Davis $2 million in damages for invasion of privacy and negligent hiring and supervision of Scott, who admitted he'd been fired from the station five times over 15 years due to drug and alcohol addiction..
In a motion for a new trial, Davis' attorney, William DeForest Thompson, attached affidavits from three jurors who detailed why they would have returned a "substantial" verdict in Davis' favor on all counts, and said Greider appeared to favor the defense.
"After five days of trial, jurors explained how they viewed the evidence in this case," Thompson said Friday. "We believe that the next trial, in which the jury will be allowed to speak with a verdict, will be consistent with their view of the evidence. In other words, a substantial verdict for my client."
However, Beasley Broadcast's attorney, Kelly Geraghty Price of Naples, noted jurors never heard the defense case, so she is confident Beasley will prevail because the broadcasts included prior shows with Davis and information she made public when she filed court records seeking an order of protection against Scott.
"How can she claim republishing and broadcasting her prior appearances on the show could be so humiliating years later?" Price asked. "We believe there will be a significant award for attorney fees against the plaintiff and her attorney that will absolutely eclipse any award for nominal damages on this one claim."
Davis, now 51, had an on-again, off-again relationship for 20 years and had a child with Scott, who died in November 2006. That May, Beasley Broadcast Group fired him from his job at WRXK in Fort Myers after he failed to continue seeing his doctors and following orders.
The appeal judges ruled Greider relied on the wrong prior court rulings, using a breach of contract case. Instead, they ruled, Greider should have relied on tort law, which determines the duty owed to an injured party. The appeal panel also noted Davis had proven what's required for invasion of privacy.
Testimony showed Scott was rehired to replace The Howard Stern Show. Davis cried as she testified for two days, telling jurors how she'd warned Scott's employer and psychiatrist that he was worse after a nearly three-week stint in a Naples rehab center. But her pleas went unheeded and Scott's tirades got worse. He condemned her for meddling, called her a slut, thief, crazy and possessed.
Davis said she asked K-Rock management, including General Manager Brad Beasley, to halt the tirades but nothing was done, so she sued.