Court Error – Denial of Continuance – Damages

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7^th Circuit Court of Appeals

Case Name: Priscilla Rainey v. Jayceon T. Taylor

Case No.: 16-4153; 18-2990

Officials: WOOD, Chief Judge, and FLAUM and SYKES, Circuit Judges.

Focus: Court Error – Denial of Continuance – Damages

Rapper Jayceon Taylor, better known as “The Game,” starred in a VH1 television show called She’s Got Game, an imitation of the long-running reality dating series The Bachelor. While filming in Chicago in 2015, Taylor took contestant Priscilla Rainey on an off-camera date at a suburban sports bar. There Taylor sexually assaulted her by repeatedly lifting her skirt, grabbing her bare buttocks and vagina, and “juggling” her breasts in front of a large crowd of onlookers.

Rainey sued Taylor for sexual battery. Taylor did not take the litigation seriously. He evaded process, trolled Rainey on social media, dodged a settlement conference, and did not bother to show up at trial. His attorney asked for a continuance, but the judge denied that request, dismissing Taylor’s proffered excuse as an elaborate ruse. The judge instructed the jurors that they could infer from Taylor’s absence that his testimony would have been unfavorable to him. The jury returned a verdict for Rainey, awarding $1.13 million in compensatory damages and $6 million in punitive damages.

Taylor moved for a new trial, challenging the denial of a continuance, the missing-witness instruction, and the general weight of the evidence. Alternatively, he sought a remittitur of damages. The judge denied the motions. Taylor appeals, reprising the arguments in his post-trial motions and adding a claim of evidentiary error.

We affirm. District judges have wide discretion to manage their proceedings and resolve evidentiary issues, and the rulings here lie well within that discretion. Taylor has only himself to blame for the missing-witness instruction, which was plainly justified. The verdict is well supported by the evidence, and we see no reason to disturb the jury’s determination of damages. The compensatory award is not excessive under Illinois law, and the punitive award survives constitutional scrutiny.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.