"He had a different way of looking at the land, the trouble at hand or any circumstance that might just come along .... and he measured his life in cedar posts and miles of barbed wire fence”.
How does the City Atty still have a job? Not only that he rec'd a 4% pay increase!! It seems the system continues to be rigged against the taxpayers, always.
Crystal's original 1.5 Million jury award was reduced by the judge to $486K, her request for "triple damages" was denied, and her request for attorney fees granted.
Correction --- Crystal's "damages" award was reduced to $464K.
Was it reduced by the judge? Do you have the order? I thought Eschert agreed to settle with the City in lieu of going back to court for the motion that might be granted to reconsider the jury award amount. The word "settle" was used--that does not mean a judge did anything. It means the parties made an agreement to settle before there is a final judgment. The WSOC story was not clear, saying she agreed to $486K but was asking for it to be tripled (unclear as to whether that meant before or after the agreement or judgment). If you agree, you agree. You don't ask for it to be tripled after. They didn't say she had asked for parts of the jury awarded damages to be tripled (which is true) but THEN settled for $486K, which would have been clear.Anyway, if anyone has the real, final settlement or knows if it was a judge's order (which seems unlikely), please offer it up. On top of that, the City is definitely paying her attorney's fees, which would be up to a judge's discretion or a jury or a settlement, depending on which thing happened.
You can get a copy of the final judge's orders on www.docketalarm.com. This was not a "settlement" on the part of the plaintiff. It was the judge's order, based on motion raised by the city (citing errors/irregularities on the part of the proceedings). He denied the city's motion to vacate the verdict. However, based on the City's motion arguments regarding the award amount (the law does not permit "double dipping for the same injury), the judge ordered "remittitur" -- which is reduction in the plaintiff's damages award. The amount he was permitted to lower to was the "highest" of any of the individual award amounts -- when the plaintiff receives multiple awards for same injury (e.g. losing her job). (Plaintiff had been awarded multiple amounts, the highest of which was the $464K). In the order, judge also cites several instances in which he warned the plaintiff's attorney about the risk of proceeding in the manner in which they raised the lawsuit proceedings (i.e. multiple causes for same injury). In ordering the remittitur, the judge also granted the plaintiff the option of new trial (on damages amount only) if she did not agree to accept the court-ordered "remittitur" amount.The judge also entered another order, denying the plaintiff's earlier motion to have the damages "tripled".
Under NC REDA, the judge had to rule on the award being tripled for that claim. Also under that subsection it allows for all attorney fees to be paid. Eschert was entitled to take it back to court for a new damages only trial. Which clearly would have cost the city millions of dollars. We can think we all know the reason for this and the reason for that. The facts are this case cost the city over $2 million dollars. Between the award, interest, legal fees on both ends, management report and city's so called investigation. In the end a jury found the city was wrong and what 99 percent of Charlotte already knew, they were wrong. The judge agreed with the jury and the award was rendered. Reading up on the case and having a legal background, this was not a clear case of a double dip on the jury award. But sometimes the legal system creates muddy waters. I commend Eschert on standing tall and fighting the 8000 pound gorilla. In the end it took the Chief down and provided an opportunity for a needed change in leadership. This new Chief Key just maybe the gentleman to take CFD back to its glory. But in the end many men and women of CFD owe her a "Thank you". Congratulations and many wish you the best!
Happy to see that the case is finally over and the Eschert family, as well as the City of Charlotte, can now go forward.
It took a brave WOMAN to take that bastard Hannan down ! Karma is a bitch so dwell on that Hannan ! You "retired" in disgrace..... it was that or be FIRED !
Outstanding Crystal, Outstanding! Hopeful further changes will come with the election. Because our current leadership completely failed you. They allowed the retaliation to happen and when afforded a chance to better it, they failed again and again. They should be embarrassed with the effort or shall I say no effort. The case never should have become a case in the first place. But government leaderships blind eye to believing a liar of CFD and his corrupt counterparts involved in "Linda Havery" looks like Crystal got the last laugh.
The City of Charlotte is an embarrassment for how they treated this woman!
Wait I thought Mayor Roberts stands up for woman? Not on this, further failed leadership for not stopping this stupidity by the city.
The City of Charlotte lied, slandered this woman, did things to intimidate her, spent our tax money in court to attack and intimidate her, did illegal things and tried to cover them up for the employees that did the illegal things, and tried to bury the public records (and probably still buried many public records) to cover up what they have done. They cost her enormous stress and lots of money for years in the process, and did increasing damage. Once it got before a jury, they could easily see that. Because anyone could see the truth of what they did. The City of Charlotte is doing the same to me and worse. They should stop now.Despicable. Predictable. Repeated behavior. This is their standard policy, and it's now one more case easier to prove. Thanks, Crystal Eschert, and congratulations on not being silenced by these moral, ethical cowards.
Guess we can sell all the antique fire trucks from the Hannan empire. Put the funds into needed equipment and repairs to stations. Too much money was taken and used for what Hannan wanted. Thank you Crystal for doing what was right. Chief Key, this is your baby now, let's set sail.
Will CFD and Charlotte learn from the terrible mistakes made or will it just continue? Not one person was truly and publicly held accountable for the retaliation of this young lady. Sure the Chief "retired" wink wink. But what about others like Ann Wall? Oh wait she quit. What about Ron Carlee? Oh he left. What about the other trash that needs to be disposed of in CFD? Guess we will just wait and see if Key will make moves to rid the waste floating around. Wilkinson still needs to go for his lying and cheating ways.
Why did Anne wall quit?Hageman got a raise.Hannon will presumably get pension from us for years in addition to everything he cost us and the damage he's done.Carly left with a hefty bonus plus the salary for while he was here.City council gets to play pass the buck and has not publicly acknowledged the cities vile acts toward a shirt or any other person they are intentionally harming to cover up their own malicious Acts. They will do anything out of a combination of incompetence and exerting their only area of competence which seems to be covering up incompetence
Hannan blew up like the Death Star when he heard an African American was taking his job. Chief Key has a nice ring to it. Chief Key should be thanking Eschert and Ms. Linda for getting the old goat out the door. It's paved a nice road for Chief Key to slide in. Now folks can take a deep breath knowing we have some better leadership in place. Now if only Cracker Jack Granger could have joined his boy Hannan. Wonder how Hannan is enjoying retirement, damn Linda Havery took a bite out of his old ass!
Pete Key is a post turtle, and Granger will not survive on this own without Hannan's umbrella. Granger should have been FIRED long before Hannan. Granger is the MAIN cause of the problems. He'll be next to retire as soon as they hire the outside chief. The few that wanted/demanded change....be careful what you wished for. Now the City Manager has a new puppet who has ZERO political power or allies. Karma is a bitch. Hannan did what he could to please the most, not the minority. The four Division Chiefs are a joke and the most unqualified they've promoted to a non-descript bullshit rank. Hell, one kisses ass at the airport, one just sends out I-77 construction updates, the other just handles Special Event jobs and leader of the Pink Mafia, the other hides. They skipped several Battalion Chief's (Summers, Wilson, etc) that could shit those 4 a brain.
We did accomplish Hannan finally going! The Eschert matter removed Chief, Deputy Chief and another Deputy Chief escaped to Matthews quickly before he ended up out. 90 percent of us are thankful. It's like I dictatorship was overthrown. So we will go through a rebuilding phase until a new Chief from outside CFD is selected
@ Anonymous 11:45 - I assume you're talking about Hannan, Dulin, and Kinniburgh; too bad Granger hasnt been forced out as well. Remember he also went after the NCAAP President and that was swept under the rug. Hannan, Lyles, Kinsey, Eiselt, and Roberts all believe Granger should be the next Fire Chief. Hannan has now retired in disgrace and hopefully the voters will send those listed above packing as well.
Go Vote in the Primary tomorrow or by Tuesday--many races will be decided by the primary (democratic, since no Republican candidate) and others will be nearly decided by the primary.GET KINSEY OUT! Vote for #LarkenEgleston @Larken on twitter. If you haven't seen what he's about, I'd be surprised because he's been working and tireless--and will continue to be. He's smart, open, and plans to do more than the idiotic Kinsey who has been warming a seat in District 1 for far too long. Please, go and vote for Larken.I would have voted for anyone viable who ran against her, but we have a great candidate to vote for.
If you haven't voted, go and vote today. The morons who keep doing this need to be out of office and many offices will be decided in the primary. Other offices will be nearly decided in the primary. Also start writing to them and tell them how horrible this is and how Hagemmann should be fired not given a raise.
What happened to the comment at 1:28? was looking for information about what happened
Make sure to vote Roberts out today
And Roberts is OUTand Kinsey is OUTDon't understand the support for "Smuggie" who has been the biggest do-nothing local politician after #1 Do-little Dumont Clarke
Update no settlement city filing appeal
"Wasting My Money" says above that City is filing appeal. How does "Wasting my money" know this?
Why doesn't all of Charlotte already known?Why are the results of the closed-door session from last Monday where these idiots discuss the ongoing spending of our money and the precedent they don't want to allow (where the truth and the law are the precedent and not the convoluted lies and cover up the City has perpetuated trying to wear out the people doing the right thing?)We should have a protest on the floor of one of the last City Council Meetings before the election--tomorrow night. Bring signs and voices. This is sickening.
According to the UPOR last night's closed session also spoke about Crystal Eschert and the city's lawsuit with her. Of course they didn't get any information about that, only the big uproar that everyone will now talk about with another likely lawsuit about prayer caused by false information given again by Roberts acting unilaterally and stating what she thinks the law should be no matter what the courts decide, hurtling us into another long protracted expensive mess which will distract from what we need to be focused on which is crime, jobs, overall security, and the health and well-being of people who live here and are proper growth and eliminating corrupt acts by government officials. Of course the spineless people sitting to her left and right did nothing to stop her or even raise a question. And the spineless Hageman was not present for the meeting even though he was at the dinner meeting and must have known her intentions given the conversation that went on. His substitute did nothing to speak up to correct the false statements that were so vague and weak as usual that it's hard to say they're false. This is the guy we gave a raise to. These are the people who need to be voted out. And the city manager wasn't there either. Isn't this convenient? And isn't it convenient that Roberts waited until after losing the primary I'm sure she didn't believe she would lose instead of addressing what she claims she thinks isn't it illegal danger based on advice from several months ago? What a loser and how dishonest.
Here we go again ! City of Charlotte to APPEAL this case and continues to spend MORE and MORE of Charlotte taxpayers money. Sarah Lincoln and her crew (group of obnoxious women I won't even credit with the title attorneys) hired to represent the city tried to have Judge Whitney throw this case out numerous times. Judge Whitney denied their request every time. The jury listened to the evidence and found the city at fault. Kenny Smith said publicly this case should not continue, it's time to settle. Vi Lyles said publicly Crystal Eschert was wronged but Im sure once she was in closed session she changed her tune as she usually does (talks out of both sides of her mouth depending on who the audience is), we all know where Claire Fallon stands.... the only one on City Council who has a backbone and stands up for what is right ! This injustice just goes on and on and millions of dollars wasted in legal fees..... now going to Fourth Circuit Court as the attorneys continue to pad their pockets.... its become a pissing contest and a disgrace...... sorry for the vulgarity but these are the type of people we have SPENDING OUR TAX DOLLARS ! May they all BURN in HELL !
I have not been privy to any of the trial testimony, so I am not in a position to side with the City of Charlotte in this lawsuit nor am I siding with Mrs. Eschert. My support lies exclusively with respect for the Judicial system process and the rights of both the defendant and the plaintiff in resolution of any legal dispute. Implicit in any plaintiff raising a lawsuit is their acceptance of the judicial system process & procedures. I have seen several comments effectively saying that since Eschert won at trial in district court, "we should end the Eschert case now and just pay".Our judicial system is not perfect, and legal mistakes can be and are often made by either judge or jury during the course of a trial. That is why, apart from just a district court trial, there are provisions for motions and appeals...and why there is not just a District Court with one judge presiding, but also a 3-judge Appeals Court and a State Supreme Court. Importantly, a win by plaintiff at trial does not void the defendant's right to appeals. Had Mrs. Eschert lost at trial, and her attorneys felt there were valid legal arguments to appeal that decision, I would strongly support her proceeding with an appeal.Similarly, if City attorneys can present valid legal arguments to dispute the district court trial actions or decisions, then I also support the City raising an appeal and having it adjudicated.
In response to the above comment.... since you said you are not privy to trial information, most if not all is public record, it just takes a little research. The point I was trying to make is that attorney fees (both sides) are currently one million+, the settlement amount for Crystal Eschert ended up being 450,000+ and interest accrued. Anyone that knows basic math and has just a little bit of common sense sees what's going on here...... this case could have been mediated and settled a long time ago ! Obviously, the city knew they had a problem because Jon Hannan is gone...... and if you think he "retired" you have less sense than I give you credit for !
The total award to Crystal Eschert currently sits at approx. 1.1M (450K compensatory and 625K Attorney fees). The original "compensatory" award to Crystal (not counting the 625K attorney fees) was 1.5M, but was reduced by the judge via remittitur because the original jury award was considered by the court to be "quadruple dipping" for the same injury.If the City does, indeed, file an appeal and wins having the verdict overturned, then they save 1.1M. Depending upon how the City files their appeal...and if they win, they may also ask to be awarded the cost of their "attorney fees" from the plaintiff.Will have to wait and see what type of "appeal" the City will file (if any).
You haven't heard the last from Hannan, trust me. If I was him, I would be feeding the media. Remember, there are TWO SIDES to every story. Most people have only heard or read ONE side. There are also "back stories" or past history many haven't heard or are unaware of. Everything isn't cut and dry or necessarily as they appear or are presented. Hannan still has SIGNIFICANT influence, even "retired." You will have to clear out most everyone wearing a white shirt, a gold badge, and 3+ gold stripes. If you think Hannan "retired" and crawled under a rock, you're a fool.
Fuck the city of Charlotte! Rise up! these are nothing but a bunch of two sided say what one wants to hear this way and what the othe wants to hear that way. This point Bob the knob is probably going to get hired by Sara Lincoln. I'd start questioning the relationship between these two. Mayor is out and I hope Braxton wins and flips these idiots upside down. This young lady has become the city of Charlottes punching bag. As if what they did to her the first time wasn't enough. Well round two now or three let's fuck her again and again. The only basket of deplorables is these nuts runnning this circus. We need Josh from Big Brother banging pots. Bah Bah Bahh Bahh
I won't be voting nor my friends for anyone that supports this abuse of power. Small numbers add up, because the friends are spreading to their friends as well. It's time for Lawana Mayfield to go bye bye and Vi speak outta both sides of her mouth to go. These were two people I use to respect for trying to do best by the taxpayer. Yet I have seen a different side just as with Kinsey. We did the grass root to get her voted out! One down and two to go!
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