Second of two parts
Re “City Mulls $8.8M Judgment: Should It Appeal or Pay up?”
There may be only two options for City Hall in last week’s jury award of an $8.8 million judgment against Culver City in a 2010 officer-involved fatal shooting. However, a huge number of ponderables must be satisfied before the call is made to appeal or pay the victim’s family.
Potentially, the City Council could reach a verdict as soon as this evening, but not likely.
The Council will render the ultimate decision. Before then, opinions will be heard from City Atty. Carol Schwab, Steve Rothans, the private attorney who represented Culver City in the U.S. District Court case involving Officer Luis Martinez shooting a killing an unarmed robbery suspect, Lejoy Grissom, Police Chief Don Pedersen and City Manager John Nachbar.
Andy Weissman, the only attorney on the City Council, said that Mr. Rothans’s assessment of events in the trial and the prospects of an appeal would be valuable to mull before a call is made.
“This very well may not be an easy call,” he said. “This case could be in those gray areas where there seem to be factors on both sides.”
Is the vastness of the amount almost imposing enough to automatically trigger resistance, an appeal?
“It certainly is a distressingly large number,” Mr. Weissman said.
“Anytime you appeal, there are costs associated with such an action. I don’t think you appeal promiscuously, just to appeal. That would seem to be a waste of city resources.
“There always is a basis for an appeal,” he said. “But more appeals are overruled than sustained. You have to be able to show there was an error at trial. Or evidence was allowed in that should not have been.
“If it is merely a complaint that the jury got it wrong, generally that is not something that will win on appeal.
How common is it for a municipality to pay off a sum of this magnitude?
“We haven’t in the five years I have been on the Council,” said Mr. Weissman.
Is the past a predictor of which way the city will lean in a case of such magnitude?
“The city has had claims made against it, and it will settle claims, short of litigation. Sometimes we settle cases in the course of litigation.”
