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Magistrate awards $30,050 to woman alleging sexual abuse

YOUNGSTOWN — Magistrate Dennis Sarisky of Mahoning County Common Pleas Court has awarded compensatory damages of $50 and noneconomic damages of $30,000 to a woman who filed a civil suit against her stepfather, Tommy Christmas of Boardman, alleging Christmas sexually abused her as a child.

Jessica Shobel filed the suit in 2022 against Christmas, alleging that Christmas “began to have inappropriate sexual contact” with Shobel around 2003 when she was seven or eight years old.” The conduct progressed from there, the documents state.

Christmas denied the sexual abuse allegations, stating that her claims were brought in bad faith in an attempt to damage Christmas.

Shobel sought damages of more than $125,000 for alleged childhood sexual abuse and intentional infliction of emotional distress, pain and suffering. The matter went to a one-day jury trial Jan. 20 in the courtroom of Judge Maureen Sweeney, for whom Sarisky works.

Sarisky ruled Jan. 21 in favor of a motion filed by Shobel’s attorney, Kevin Daley, at the end of the trial for the magistrate to issue a “directed verdict” in Shobel’s favor. Sarisky said he would make a ruling on the amount of damages to award to Shobel later. That ruling came Thursday.

Sarisky’s ruling states that at the end of the trial, Daley made a motion asking for a directed verdict, with Daley arguing that “without any evidence presented by (Christmas) in defense, (Shobel) sustained her burden, and judgment should be entered in her favor.”

The ruling states that Sarisky, “after construing the evidence most strongly in favor of the party against whom the motion is directed (Christmas), finds that, upon any determinative issue reasonable minds (could) come to but one conclusion upon the evidence submitted and that conclusion is adverse to such party, (Christmas). The court sustains the motion and enters judgment for the plaintiff (Shobel).”

The ruling states that Shobel was one of the two witnesses to testify on her behalf. Another was Lisa Weimer. After the testimony of the two women was complete, “the defendant (Christmas) moved for dismissal on the fact that no monetary compensation was requested or presented by the plaintiff (Schobel),” the ruling states. “The court overruled the motion in part but did indicate a limiting jury instruction would be appropriate regarding compensatory damages.”

The defendant (Christmas), who was represented by two attorneys, Matthew Giannini and Louis Katz, “then rested without the presentation of any evidence,” the ruling states.

The ruling states that Sarisky “considered the evidence submitted by the testimony of (Shobel). The court finds the compensatory damages as nominal and (awards) damages in the amount of $50. The court finds that not one medical bill was submitted by the plaintiff (Shobel) and such compensatory damages was just alluded to in her testimony,” the ruling states.

“Damages for noneconomic loss means harm other than economic loss and includes, but (is) not limited to, pain and suffering, loss of society and mental anguish. The plaintiff (Shobel) had testified to sleepless nights, anxiety, PTSD and suicidal thoughts. The plaintiff had testified to an attempt to commit suicide by virtue of her motorcycle accident,” the ruling adds.

Attempts to reach Giannini and Daley Thursday for comment on the ruling were not successful.

Christmas was part of the reality TV show “Fat N’ Furious Rolling Thunder,” which was filmed in the Mahoning Valley and elsewhere in the 2014-2015 time period.

The show featured Christmas, owner of a Boardman auto repair shop that fixes up muscle cars and gets them “back on track” and racing “faster than ever,” according to the intro of the Discovery Channel series. Three other men at the shop were also part of the show. Shobel had a small role in the show.

The parties have 14 days to file written objections to the ruling, the decision states.

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