$568k awarded to Visalia officer forced to retire: Duke Hettick said city didn't act in good faith after he was injured.
Tim Bragg The Fresno Bee
Originally Published: 2006-11-14
VISALIA -- A jury awarded a former Visalia police officer $568,680 Monday after finding the city improperly forced him to retire after he was injured in an on-the-job traffic accident.
Duke Hettick, 51, claimed in a lawsuit that the city didn't act in good faith to accommodate possible lingering effects from his injury, such as providing him with a brace or other equipment that would allow him to continue to work.
The lawsuit also claimed that Hettick was replaced by a younger officer in violation of age discrimination statutes.
A jury of six men and six women indicated Monday that they agreed that the city had unfairly fired Hettick over his injury, but they voted against finding it had discriminated against him based on his age.
The jury's award to Hettick includes just under $400,000 for lost future wages and $100,000 in damages for pain, suffering and emotional distress. The city also will have to pay attorneys' fees.
Hettick's attorney, Eric Oren, said the jury's verdict shows they believed his client was treated unfairly by the city, though jurors didn't agree he was the victim of age discrimination.
Oren said several Visalia police officers testified on Hettick's behalf, saying they saw Hettick perform the duties required of police officers without any problems.
"I asked them if they had any concerns about him backing them up, whether it would affect their safety. They said 'no,'" Oren said.
Hettick's attorney said being forced to retire before reaching age 50 prevented Hettick from receiving a more lucrative retirement package.
Assistant City Attorney Leonard Herr said Monday that city officials would decide whether to appeal the judgment.
Hettick, a 21-year Police Department veteran, was in a work-related accident in March 2003 that left him with a broken ankle and other injuries. He returned to work in December 2003.
The city contends Hettick agreed to be evaluated by a doctor for a workers' compensation rating, which could be used for a monetary award for reduced ability caused by the accident.
City officials said the doctor who conducted the examination wrote in a report that Hettick had physical problems that included an inability to run or stand for long periods.
City officials argued the report was kept from them until the city's workers' compensation insurance carrier sent the city a notification. The problems described in the report wouldn't allow Hettick to carry out all the physical activities and duties required of a police officer. As a result, the city said it was required to give Hettick a medical-disability retirement, according to court records.
Hettick left the Visalia police force in November 2004.
He is now an instructor at the College of the Sequoias police academy and serves as a reserve motorcycle officer for Exeter.
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