Gibbons vs Renacci complaint

IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO MICHAEL E. GIBBONS 18824 CLIFF CIRCLE FAIRVIEW PARK, OHIO 44126 Plaintiff, vs.

THE HONORABLE JAMES B. RENACCI 7335 RIDGE ROAD, SUITE 2 PARMA, OHIO 44129 Defendant.

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CASE NO.: JUDGE COMPLAINT FOR MONETARY AND INJUNCTIVE RELIEF (Jury Demand Endorsed Hereon)

NOW COMES Plaintiff, Michael E. Gibbons (“Gibbons”), by and through undersigned counsel, and for his Complaint against Defendant Congressman James B. Renacci (“Renacci”), hereby states and avers as follows: 1.

Gibbons, an Ohio resident, is a prominent businessman, well-known in the

investment, real estate and legal communities in and around Cuyahoga County.

2.

Gibbons is a candidate for the nomination of the Republican Party for the United

States Senate in the general primary election scheduled for May 8, 2018.

3.

Renacci, an Ohio resident, is also a candidate for the same general primary

election.

4.

The acts alleged occurred, inter alia, in Cuyahoga County, making venue proper

before this Court.

5.

In and around April and May of 2018, Renacci, through his campaign

organization, Renacci for Congress, made or caused to be made false statements regarding

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Gibbons, contained in radio and print media and disseminated throughout the State of Ohio, including in Cuyahoga County.

6.

Therein, among other things, Renacci publicly averred as fact: “Gibbons himself

admits he’s no conservative, describing himself as ideologically flexible…”

7.

By stating as fact that Gibbons admitted he was not a conservative, and that he

described himself as ideologically flexible, when Gibbons in fact never made such statements, and Renacci identified no factual basis for Gibbons having made those statements, Renacci publicly stated as fact materially false information with knowledge of its falsity or with reckless disregard as to its falsity.

8.

In or around April and May of 2018, Renacci made or caused to be made a false

statement regarding Gibbons contained in radio spots and print media disseminated throughout the State of Ohio, including Cuyahoga County, which averred as fact that Gibbons “says he’s personally pro-life, but would vote pro-choice in Washington.”

9.

In fact, Renacci provided and can provide no legitimate factual basis to support

the statement that Gibbons’ stance is pro-choice or that Gibbons would vote pro-choice if elected in the general primary election.

10.

Also in or around April and May of 2018, Renacci made or caused to be made

false statements regarding Gibbons contained in print media distributed throughout the State of Ohio, which averred as fact that Gibbons was “anti-Trump” and that he “donated to efforts to attack and defeat Donald Trump” and described Gibbons as a “liberal.”

11.

In fact, Renacci provided and can provide no legitimate factual basis to support

the statement that Gibbons’ stance is antithetical to that of President Trump, that Gibbons ever supported an attack on President Trump, or that Gibbons is politically liberal.

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12.

Renacci’s comments were made with knowledge of their falsity or with reckless

disregard of their falsity. Renacci provided and can provide no legitimate or verifiable factual or evidentiary basis upon which any of the above-referenced allegations are based.

13.

The identified statements and others like it are patently false and defamatory per

se. Continued publication will result in irreparable harm to Gibbons’ reputation as an honest, trustworthy, pro-life, conservative candidate and supporter of President Trump.

14.

These false and defamatory statements will cause irreparable harm to Gibbons

insofar as they will cause confusion and obfuscation to voters who would otherwise vote for Gibbons. These non-votes assist Renacci’s campaign, this causing irreparable harm to Gibbons.

15.

Furthermore, Gibbons is a highly successful businessman whose personal

reputation for integrity and his successful record has motivated high net worth individuals to entrust him with their investments. The materially false statements referenced hereinabove disseminated by Renacci threaten irreparable harm to Gibbons in his trade and profession.

16.

Renacci’s defamatory statements harm Gibbons’ reputation and expose Gibbons

to hatred, contempt, ridicule and shame, and will discourage others from associating or dealing with Gibbons.

17.

As a result, Gibbons has suffered actual and presumed damages, including, but

not limited to, harm to his reputation, emotional distress, exposure to contempt, ridicule, shame, and damage to his business and candidacy.

18.

In making the defamatory statements identified herein, Renacci acted with actual

malice and is thus responsible for punitive damages.

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WHEREFORE, on his sole count of defamation, Gibbons seeks judgment against Renacci for: 1.

Compensatory damages in an amount in excess of $25,000.00, to be more fully

proven during the course of discovery and at trial; 2.

Injunctive relief prohibiting continued dissemination of the defamatory

statements; 3.

Punitive damages in the amount of $1,000,000.00;

4.

Pre- and post-judgment interest;

5.

His costs of suit;

6.

His reasonable attorneys’ fees; and

7.

For such further and other equitable and legal relief as this Court deems just.

Respectfully submitted,

/s/ Kevin M. Hinkel Kevin M. Hinkel (0031821) Kadish, Hinkel & Weibel 1360 East Ninth Street, Suite 400 Cleveland, Ohio 44114 (216) 696-3030 (216) 696-3492 (fax) khinkel@khwlaw.com Attorney for Plaintiff

JURY DEMAND Trial by jury is hereby demanded for all issues so triable.

/s/ Kevin M. Hinkel Kevin M. Hinkel (0031821)

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