Judge awards lawyer for former officer $390,000
Tim Bragg The Fresno Bee
Originally Published: 2007-01-05
Officials may end up paying close to $1 million in the case of a former Visalia police officer who sued the city over his contention that he was forced to retire early.
Superior Court Judge Lloyd Hicks ruled Thursday that Eric Oren, the lawyer for former motorcycle officer Duke Hettick, 51, was entitled to about $390,000 in attorneys fees, Oren said.
That judgment comes on top of $568,680 in damages Hettick was awarded by a jury during his November trial.
The total judgment in Hettick's case is now approximately $958,000, Oren said.
Hicks also denied the city's request for a new trial, assistant city attorney Leonard Herr said. The City Council will decide in the next few weeks whether to pursue further appeals
During the trial, the judge didn't allow the city to introduce information and evidence that could have affected the jury's decision on whether to award Hettick money, Herr said.
"I think there are significant legal issues that warrant appellate review," Herr said. "The city wasn't allowed to present evidence explaining why we did what we did."
Among the things the jury didn't hear was how Hettick received a disability rating that can reward someone for a permanent disability for their reduced competitiveness in the job market.
Oren said the city had already argued other issues, including workers' compensation, before Hicks during a May hearing prior to the jury trial, an unusual arrangement requested by the city.
"They want to try and go back to argue these issues again when the court already said no," Oren said.
Hettick, a 21-year Visalia Police Department veteran, was in a work-related accident in March 2003 that left him with a broken ankle and other injuries when he dove out of the way as a car crashed into his motorcycle, Oren said. He returned to work in December 2003.
The city contended 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 them notification. The problems described in the report wouldn't allow Hettick to carry out all the physical activities and duties required of an 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, when he was 49 years old. Oren said if Hettick had been allowed to remain on the force a few more months until after he turned 50, he could have retired under a more lucrative retirement package.
He is now an instructor at the College of the Sequoias police academy and serves as an Exeter reserve motorcycle officer.
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