Man ordered to pay $34,000 over false YELP review...
Quincy Center jeweler wins suit over Yelp review
Posted Apr 5, 2017 at 12:01 AM Updated Apr 5, 2017 at
8:56 AM
QUINCY -- A jury has decided that a Quincy Center jewelry
store employee owes the owner of a nearby shop more than $30,000 for posting a
false Yelp review about the rival establishment.
Adam Jacobs, an employee of Toodie’s Fine Jewelry, has to
pay Stephen Blumberg, the owner of Stephen Leigh Jewelers, $34,500 for the
emotional distress a jury decided that Jacobs caused by knowingly posting the
false information.
Posted in August 2013, the multi-paragraph review
detailed a supposed visit to Stephen Leigh Jewelers. The reviewer said he
entered the shop looking to buy a 1.5-carat diamond engagement ring and had a
generally bad experience. As a result, the reviewer said he would advise someone
interested in buying jewelry or a watch to “go elsewhere.”
Blumberg’s lawsuit stated that the interaction never
happened.
Reached by phone Tuesday, Blumberg said he figured out
that “Adam J.” was Jacobs by phoning other businesses that “Adam J.” had reviewed
on Yelp, which is a site featuring user ratings of stores, restaurants and
other establishments.
“I did do research for several months,” Blumberg said. “I
knew after two or three that I was right on the target.”
Blumberg filed the lawsuit in December 2013 in Norfolk
Superior Court. In addition to suing Jacobs, he also sued Toodie’s, alleging
that the store, owned by Jacobs’ father, was also responsible and was looking
to tarnish Blumberg’s reputation.
The jury rendered its decision March 22. It rejected the
assertion that Toodie’s was at fault.
In civil cases, the burden of proof is lower than in
criminal ones. The plaintiff must prove that the offense is more likely than
not to have happened, which is much lower than the beyond-a-reasonable-doubt
standard for criminal prosecution.
Allen Levin, the attorney for Jacobs and Toodie’s, said
he and Jacobs were looking into possible post-trial motions and the possibility
of an appeal. Levin said it would be inappropriate to comment more about the
suit against Jacobs at this point.
He said he and his clients were glad that the jury found
the jewelry store not responsible.
“We’re thrilled that Toodie’s has been vindicated,” he
said.
Sean Philip Cotter may be reached at scotter@ledger.com.
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