Lawyers argue that the amount is “grossly excessive” given the jury’s finding that Trump sexually assaulted E Jean Carroll, which they describe as “far from rape.”
Donald Trump has applied to have his coitus assault payout slashed on grounds the jury verdict that he’d sexually abused E Jean Carroll was a “ far cry from rape ”.
Last month the magazine columnist, 79, was awarded$ 5 million(£ 4 million) after a civil trial jury concluded she had been abused by Mr Trump in a New York luxury department story in 1996.
Now attorneys acting for the former chairman want the payment cut to$ 1 million claiming the original figure is “ grossly inordinate ” for abuse which could have included “ feeling guts ” through apparel. They’re requesting a retrial on the original charges if the judge doesn’t agree to the reduction.
In a written submission, Mr Trump’s legal platoon said a Manhattan civil court jury last month rejected a rape claim Ms Carroll concluding rather that she had been sexually abused in spring 1996 in the store’s dressing room.
“ similar abuse could have included feeling of Plaintiff’s guts through apparel, or analogous conduct, which is a far cry from rape, ” the attorneys wrote.
They said the$ 2 million granted by the jury on a sexual abuse claim was “ grossly inordinate ” and another$2.7 million issued for compensatory vilification damages was “ grounded upon pure enterprise. ”
The award should correspond of no further than$ 400,000 for coitus abuse, no further than$ 100,000 for vilification and$ 368,000 or lower for the cost of a crusade to repair Ms Carroll’s character, the attorneys wrote.
Ms Carroll, a former Elle magazine columnist, witnessed Mr Trump had subordinated her to an “ extremely painful ” assault in a dressing room at the Bergdorf Goodman department store in New York City.
Mr Trump, 76, didn’t attend the trial, but in a videotape deposit from last October he denied ever encountering Ms Carroll at the store or knowing her. He said he believed she made the claims against him in part to promote a 2019 bio in which she first intimately made allegations against him.
Roberta Kaplan, Ms Carroll’s attorney, said in an posted statement the amicable jury had concluded that Mr Trump sexually assaulted Ms Carroll and also defamed her “ by lying about her with abomination, ill- will, or malignancy. ”
“ This time, Trump won’t be suitable to escape the consequences of his conduct, ” Ms Kaplan said.
Mr Trump may still face a alternate vilification trial performing from another action Ms Carroll filed against him.
That case has been delayed with prayers as the US Justice Department sought to substitute the United States as the defendant in place of Mr Trump.
Government attorneys say Mr Trump ca n’t be held liable for the commentary he made as chairman.
