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SDNews.com
Home La Jolla Village News

Jury awards firefighters $5,000 each

Tech by Tech
February 20, 2009
in La Jolla Village News, News, No Images, Top Stories
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After three days of deliberations, a jury on Tuesday found four firefighters were subjected to sexual harassment after being forced to drive a fire truck in the Lesbian/Gay/Bisexual/Transgender (LGBT) Parade in 2007 in Hillcrest and they were awarded damages of $5,000 each. The total award came to $34,300 to all four men, who all testified they felt uncomfortable and filed a lawsuit against the city. A previous jury deadlocked last October when they could not get nine votes on the question of whether the men were subjected to sexual harassment by parade spectators. Their attorney, Charles LiMandri, told reporters “the amount itself is not important” and called it a victory. However, LiMandri has paid for the cost of both lawsuits and depositions, and his costs and attorneys fees have reached $1 million, he said. Deputy City Attorney Don Shanahan said his office would appeal the verdict, even though, in his words, “the damages are extremely low.” Deputy City Attorney Kristin Zlotnik said, “The policy was changed before they filed the lawsuit.” Fire Chief Tracy Jarman testified at both trials and said she met with the four firefighters days after the parade. Jarman testified she and the department changed the policy the next week by only having volunteers ride in future LGBT parades. John Ghiotto was awarded other damages of $14,200 for past and future lost earnings because he testified he was transferred to another fire station where he no longer works as a paramedic. Chad Allison was awarded $100 in medical expenses, which represents the co-pay amount he actually paid for seven therapy sessions. Jason Hewitt and Alexander Kane were awarded $5,000 each. Since the city lost the suit, LiMandri could ask San Diego Superior Court Judge Timothy Taylor to order the city to pay for his attorneys fees and costs. One juror said the highest amount of damages they considered was $10,000 for some of the firefighters, but they could not reach agreement with that figure. “It was thoroughly discussed and debated,” said the juror, adding, “They (firefighters) made it clear they weren’t out for a lot of money.” At the first trial, LiMandri asked for $4 million in damages, but his request was criticized by then-City Attorney Mike Aguirre. LiMandri did not suggest an amount in the retrial.

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