Source: CNN Money
CNNMoney reports that the jury that awarded Hulk Hogan $115-million in his invasion of privacy lawsuit against online media company Gawker were not privy to almost 1,000 pages of previously sealed documents.
The documents, which will be central to Gawker’s appeal, call into question whether Hogan knew he was being recorded when he was filmed having sex with Bubba ‘The Love Sponge’ Clem’s then wife, Heather. Also, the documents suggest that Hogan may have been more concerned about the tapes being published because he made racial slurs that were captured on video.
According to the newly unsealed documents, Clem told the FBI that Hogan was aware that he was being recorded in the sex tape; however, Clem changed his tune on subsequent depositions.
Additionally, the documents, which were released on Friday prior to the verdict being delivered, allegedly indicate that Clem’s ex-wife knew that she was being filmed in the sex tape as well. This contradicts her previous sworn testimony that she was unaware of being filmed.
Also included in the documents are text messages exchanged between Hogan and Clem that we noted last week, which may suggest that Hogan was distressed by the possibility that someone could publish the sex tape depicting him making several racial slurs and not by the sex footage. Last summer, a portion of the sex tape came to light that captured Hogan making racist remarks about his daughter’s African American boyfriend.
Gawker contends that the text messages cast doubt as to whether Hogan really suffered emotional distress. If Hogan was concerned about his racist remarks being made public rather than the sexual activity, it would further call into question the jury’s $60-million award for emotional distress.
In addition to being awarded $60-million for emotional distress, Hogan’s favorable jury verdict included another $55-million for economic harm after Gawker published a clip of a video showing Hogan having sex. This week, the court will consider the imposition of punitive damages.
