A Santa Monica jury awarded $19.25 million to Donna Motsinger on Monday following a civil trial regarding a 1972 sexual assault claim against Bill Cosby. The 84-year-old plaintiff alleged that Cosby drugged and raped her while she was working as a waitress in Northern California.
The jury found Cosby liable for the sexual assault of an intoxicated woman and sexual battery. The total award includes $17.5 million for past mental suffering and $1.75 million for future suffering resulting from the incident.
Jurors also determined that Cosby acted with malice, oppression, or fraud during the events in question. This finding permits the trial to proceed to a second phase to determine whether punitive damages will be assessed against the defendant.
Motsinger testified that Cosby gave her two pills she believed were aspirin after inviting her to a recording of his standup act. She alleged the medication caused her to lose consciousness and that she awoke later to find herself partially undressed.
During the trial, the plaintiff's legal team presented deposition footage in which Cosby admitted to obtaining prescriptions for sedatives to give to women. The lawyer, Spencer Lucas, argued that this evidence demonstrated a planned scheme to incapacitate individuals for sexual purposes.
The proceedings featured testimony from other accusers, including Andrea Constand and Victoria Valentino. Constand’s previous litigation against Cosby in 2005 originally included Motsinger as a potential witness before this direct civil action was filed in California.
Defense attorney Jennifer Bonjean argued that Motsinger’s claims were based on assumption rather than direct recollection. Bonjean stated that Cosby denies the allegations and intends to appeal the jury’s decision, maintaining that any sexual encounters were consensual.
Cosby’s 2018 criminal conviction in Pennsylvania was overturned by the state Supreme Court in 2021. The ruling cited a previous agreement with a prosecutor that the court determined should have prevented the criminal charges from being filed.
The Motsinger verdict follows a 2022 award for Judy Huth in a similar civil case involving a 1975 incident. These legal outcomes address civil claims that were previously barred from criminal prosecution due to statutes of limitations or other legal constraints.