Panel awards $40k in civil assault case
By Casey Bell
PGN Staff Writer

© 2007 Philadelphia Gay News

A gay West Philadelphia assault victim recently was awarded a notable sum after suing his assailant.

Unfortunately, the victim died of unrelated causes before seeing the end of his legal dispute.

Grady Golden, 41, suffered multiple injuries in the Jan. 19, 2006 attack, perpetrated by neighbor Brandon Bock, 48. Golden’s lawyer, Jeffrey Goldman, said his client’s sexual orientation prompted the attack.

After suffering three chipped teeth, head injuries, lacerations, and psychological trauma, Golden sought damages for assault and implicit ethnic intimidation (which includes malice due to one’s sexual orientation under the city’s Fair Practices Act).

Golden, who incurred about $10,000 in medical bills, additionally claimed that Bock continued to harass him after the attack by walking past his house and making threatening gestures toward him.

The victim also filed a private criminal complaint, which Goldman said resulted in a stay-away order against Bock.

A three-attorney panel from the Court of Common Pleas Civil Division presided over the case.

Bock, who lives less than 200 feet from Golden’s house, initially denied the charges, claiming that he acted in self-defense of the claimant’s ongoing, unwelcome sexual advances. But mid-hearing, he admitted to punching him, Goldman said.

The panel ruled in Golden’s favor June 26, awarding him $40,000, which Goldman considers a high sum for such a case.

But about one week after the ruling, Golden died of cancer. He is survived by his partner, Marty McGinley.

Bock filed an appeal of the decision this week. A conference with the court is scheduled in November.

Goldman said McGinley was named as a beneficiary in his client’s will and, depending on the outcome of the appeal, will receive his late partner’s settlement.

“There are no reported cases on liability under the ethnic-intimidation statute as it applies to gays and lesbians as far as I know,” Goldman told PGN. “In researching this case, I didn’t come across any prior case law. Sexual orientation was added very recently to this statute, and it took a long time to be added.

“What was upsetting about this case was the defense’s candor — he blatantly expressed his fear and hatred of gays and claimed that Golden was flamboyantly gay and attempted to come on to him. Fortunately, the panel saw through his testimony.”

Lee Carpenter, legal director for Equality Advocates Pennsylvania, a GLBT-rights organization, said Golden’s case is an important success that sends a strong message about sexual-minority equality.

“Private attorneys should realize that they should take these cases seriously and that there are ways to get GLBT hate-crime victims monetary compensation,” she said. “It also sends a message to would-be attackers. It says that society will hold them accountable for their actions, and that it’s not OK to treat these people like second-class citizens.”

Carpenter added that community members should contact organizations like Equality Advocates Pennsylvania if they fall victim to a hate crime.

She added that if her organization doesn’t take the case, they will provide referrals for GLBT-friendly attorneys.

Casey Bell can be reached at casey@epgn.com.