Bill Cosby denied new trial as judge upholds $59m sexual assault verdict

A Los Angeles judge has denied Bill Cosby's request for a new trial in a civil sexual assault case, leaving intact a jury verdict that ordered the former television star to pay nearly $60m in damages to accuser Donna Motsinger.

The ruling, issued on May 29 by Judge Bradley S Phillips, marks another significant legal defeat for Cosby, who had argued that the damages awarded by the jury were excessive and unsupported by the evidence presented during the trial. The judge disagreed, concluding that Cosby had failed to demonstrate any legal errors or unfairness that would justify setting aside the verdict.

Motsinger filed her lawsuit in September 2023, alleging that Cosby drugged and sexually assaulted her in 1972 after inviting her to one of his comedy performances in Northern California. According to her lawsuit, she was working as a server at a restaurant in Sausalito where Cosby was a regular customer at the time.

Earlier this year, a jury found in Motsinger's favour and awarded a total of $59.25m in damages. The award included $17.5m in past non economic damages, $1.75m in future non economic damages and $40m in punitive damages.

Cosby's legal team subsequently sought a new trial, arguing that the punitive damages were disproportionate and amounted to roughly one third of his reported net worth. His lawyers also contended that punitive damages were unnecessary because Cosby, now 88, is legally blind and lives an isolated life. They maintained that the verdict reflected passion and prejudice rather than a fair assessment of the evidence.

In rejecting those arguments, Judge Phillips wrote that Cosby had not shown any irregularity in the proceedings or any abuse of discretion by the court. The judge further stated that there was sufficient evidence to support the jury's findings and that the damages awarded were not excessive under the circumstances.

The jury had previously determined that Cosby acted with malice, oppression or fraud, a finding that supported the substantial punitive damages award. Such damages are intended not only to compensate victims but also to punish particularly serious misconduct.

Cosby has consistently denied allegations of sexual misconduct. Over the years, however, more than 60 women have publicly accused him of sexual assault, drugging or other forms of sexual misconduct dating back decades.

The former star of The Cosby Show became one of the most prominent figures linked to the #MeToo era. In 2018, he was convicted in Pennsylvania for the sexual assault of Andrea Constand and served nearly three years in prison before the conviction was overturned by the Pennsylvania Supreme Court in 2021 on procedural grounds.

The latest ruling does not involve criminal charges but represents one of the largest civil judgments entered against Cosby. Unless successfully challenged through further legal action, the decision leaves the $59.25m award in place and closes another chapter in the long running legal battles that have followed the entertainer for more than a decade.