Going into the holiday weekend lawyers filed a motion requesting the court set aside the jury verdict or in the alternative hold a new trial.
The filing can be read here:
Cedar's Take: This is nuttier than a fruitcake in July. The motion basically says the jury and the judge Frank Whilttney are idiots. Whilttney it should be pointed out is seldom overturned, and is one of the most respected jurists in the country.
Business common sense hasn't been a strong point with Charlotte City Mangers or Charlotte City Council's "potted plants" who with the exception of Claire Fallon have remained mute of the Eschert case. Charlotte GuvCo would be wise to embrace the time proven adage "if you can write the check write the check".
57 comments:
This is Mayor Genderfur's personal war against cis-gendered staff. She hates that a cute girl is garnering this type of attention and money. Why does the mayor hate women so much?
Oops someone needs more billing hours
Please post link....cannot access filing as is
A failed incompetent Lawyer sees a money pit and that the stupid incompetent City Council will agree to appeal to safe her reputation and feather her nest.
Cash cow for the city attorney that was hired Sarah Lincoln. She lost and has lost a few of late, but that doesn't matter. Just keep pulling in those funds from Charlotte and us taxpayers. Milk that cow and milk it good cause she is putting out lots of tax dollars. This City Manager is an idiot for listening to Bob the Knob, head attorney for Charlotte. He needs to go just like the fire chief. Then let's add in the election year for council and our lovely mayor for allowing the stupid spending. Do all you dumb dumbs not see the loser you hired is milking you all. Why you fired Eshert in the first place is beyond 99 percent of Charlotte thinking. Then to fight the case and not settle it was the second stupid move. Then lose the case and not pay off running third stupid move. Then to keep fighting and watching the total rise fourth stupid move. Not only is Sara Lincoln an embarrassment for taking the case, the city is for trying it. Oh wait Sara was smart she saw all the money she would make even losing. What happened to council and saying it was okay to write the checks. Guess they believed Bob the Knob and his racist remarks from the start. The city got that ass handed to them and 8 weeks later not a sole has been publicly fired for retaliation. Yet Eshert got fired for the greatest part of this case, the fake Linda Havery. The city had no feeling when it trashed this young woman with its fabrication and lies coming from fire chief. Yet that loser was afforded retirement. Fire is ass would have been the justice. He hates women he hates blacks and he hates anyone that questions him. Last laugh is on you Fire Chief that precious Linda you had made up cost you probably your job one can assume. But hey it's retirement like your deputy chief took when he got rolled up in Linda too. Your career is nothing now retiring under term oil that will always be remember. You will also be remembered as a liar yup a liar which is all you are.
Cedar this is a complete waste of tax dollars!!!!!!! We the people can't stand for the failed city leadership that allows them to do this. They were wrong and they lost because they were wrong. Make amends by paying the award and putting it behind us. Ms Eschert should not have been fired or treated the way she was.
I'm glad she was able to stand up to this and prevail. The jury unanimously agreed that the city was wrong. Who in the city is allowing this to continue by spending more funds. This money they are wasting to continually fight it could be used to fund after school programs, feed the homesless, support police to reduce violence. Like above said they never should have gone this far. Hell we could have saved a few million from the start if the city would have handled this as it was. This was a complete BS case for them to even try to win in court. Maybe Ms Eschert can send Hannan, I mean Linda Havery a Christmas card.
Charlotte leaders = a JOKE
It seems like the link is missing from the "here" (or anywhere). Would you mind checking & re-posting? Thanks.
Pathetic move Charlotte
Since Charlotte wants to keep blowing my tax dollars by further challenging a case that won't be won. May I please go ahead and start sending you my bills since you are just throwing money out the window.
The Chrystal Eschert latest attack is nothing more than a visible show of support for the fallen. "The Curt Walton Gang", Kimble , Hannan, Cheryl Brown and Haggeman, have been forced to retire due to their poor leadership or for caring more about that own longevity than bettering the employee, city or organization they work for. The most evil always smile when you see them as they are up to no good. Haggeman is just trying to show support for a lost cause as he is all that's left. Council doesn't meet until the 24th so he has time. None of them planned on Marcus Jones and a City Council growing tired of BS. Well to quote Marquis de Layfeyette "The play sir, is over".
Folks catching the "Linda Havery" flu and makes one wonder is that why Ann Wall is out as well. They need to real in and discard Paul Wilkinson as all he is doing is taking up space. He was just as involved with this as Fire Chief was. Maybe he can go screw another mans wife since he already got caught screw another one and it wasn't his wife.
You mean Fat Bastard Wilkinson hahahahahaha and hahahaha. Who would wanna bang him besides his wife.
Crystal Eschert as a Charlotte tax paying family I would like to apologize that our City is putting you and your family through this. You were mistreated by your employer which is our beloved city. It is absurd that they continue this instead of being respectful and apologizing to you and your family. So since they can't seem to do what would be the right thing. My family will so please again except our apologies.
City of Charlotte this has to be April Fools! You as a group of leaders are acting ridiculous. As if HB2 Roberts didn't cause enough problems. But this takes the second following to stupid. You spend close to $700,000.00 trying to say I'm right I'm right. When a fabricated person emails you that you can't even find. Conveniently it's right after she complains about the building. Then we have a group of leaders that can't see its bullshit??? The Chief Hannan pulled more of his magic in screwing over someone. Then the idiot pawns just stay silent. Yet Claire Fallon warned you and warned you. But let's turn a blind eye and it will go away. No it didn't and that woman has more courage then anyone of you to stand tall. Keep playing those stupid games Charlotte and you will keep getting the shitty prize in the Cracker Jack box. Continue to stand tall Crystal and Maloney Law great job.
Cedar could you put the link up please so we could read the filing or mention if it's available somewhere else? Haven't been able to find it. Thanks
Stupidity at its finest, hey Judge let me call you an idiot and ask you to order a new trial. Not very professional from opposing council. The history of this judge is he does an efficient job and runs a good court room. Somebody needs to hit the city of Charlotte with harassment charges. Bob I would start thinking about retirement or a new job your legal advice on this matter is elementary.
Unless you actually sat in the courtroom during the Crystal Eshert trial you have no way of knowing what really happened. The attorney hired by the city, Sarah Lincoln, did everything possible to discredit Eshert including lying. Her finely crafted lies and attempted humiliation of Ms. Eshert and other witnesses was appalling. I have always believed that attorneys were bound by a code of ethics as many other professionals are but apparently not so in this case. Fortunately, Ms. Eshert's attorney did her homework and responded with facts to negate the lies and accusations.
Do you really want another trial Ms. Lincoln and Mr.Hagemann ? The facts don't change. A whistleblower concerned about safety and health issues in a building conveniently becomes a FB issue just after her complaint about that building. Isn't that just a little suspicious ? A private FB page NOT accessible by or to the public plus no reference at all to being an employee of the CFD. And we are expected to believe there was a "real" Linda Havery ? The attempt by Mr. Hannan and "crew" to make the FB comment a racial issue was disproved when two highly regarded African American community leaders testified in court on Ms. Eshert's behalf. Ask yourself, why did a simple complaint about a building's safety mushroom into this situation? Could there be something more sinister going on here ? Apparently Ms. Lincoln and Mr. Hagemann are both desperate to save face over an unfair, wrong and stupid decision to terminate Ms. Eschert unjustly when it has been proven that others within the CFD have done so much worse and yet are still employed with absolutely no punishment whatsoever. Let's face reality. Sarah Lincoln is doing a great job of padding her pockets with our hard earned tax dollars and Mr. Hagemann is enabling her by allowing this charade to continue. Ms. Lincoln's tirade in her motion filed late Friday just before a holiday weekend was nothing short of what would be expected from her. To belittle highly respected Judge Frank Whitney as well as the jury for their verdict is stooping to a new low in the judicial system.
Remember, this is an election year and a previous poster on CP referred to City Council as "potted plants". He/she hit the nail on the head with that description! Not one representative has spoken out on this nor put a stop to the reckless spending fighting this injustice towards Ms. Eshert. Of course, all except Claire Fallon who is a rose in a garden of weeds !
This kind of action by the City is a pattern and practice which apparently needs to be addressed in Federal Court because the City Council will not do their job and address it properly. They are not alone.
"...did everything possible to discredit Eshert including lying. Her finely crafted lies and attempted humiliation of Ms. Eshert and other witnesses was appalling. I have always believed that attorneys were bound by a code of ethics as many other professionals are but apparently not so in this case..." fascinating. I hope all of the attorneys involved are referred to the Bar with the evidence of the lies that were purportedly presented to the tribunal.
Our legal system provides remedy for both sides in a dispute. Crystal had legal right to sue, and the initial trial results were in her favor. If there are viable grounds to dispute the trial proceedings,then City of Charlotte has the right to, and should, appeal. Should the trial judge rule against the City's motion for new trial, then the City can go to the "Appeals Court" for decision. If all 3 judges on the appeals court agree on a decision, that decision is then final. If only 2 of the 3 judges agree, then either part can appeal the Appeals Court decision to the State Supreme Court.
The Crystal Eschert case is far from over.
Thank you Bob the Knob
There doesn't have to be disagreement among an appellate court rejecting an appeal (if it got that far). There are different ways to the Supreme Court. If there is a constitutional question, dissent on the COA, or one of the reasons outlined in a certification accepted by the court:
(1) The subject matter of the appeal has significant public interest, or
(2) The cause involves legal principles of major significance to the jurisprudence of the State, or
(3) The decision of the Court of Appeals appears likely to be in conflict with a
decision of the Supreme Court.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_7A/GS_7A-31.pdf
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_7A/GS_7A-30.pdf
§ 7A-30. Appeals of right from certain decisions of the Court of Appeals.
Except as provided in G.S. 7A-28, an appeal lies of right to the Supreme Court from any
decision of the Court of Appeals rendered in a case:
(1) Which directly involves a substantial question arising under the Constitution
of the United States or of this State, or
(2) In which there is a dissent
But the City should quit throwing away our money and quit making false representations to the court pretending they don't know who Linda Havery is or what the bad faith motivation for the firing, the court case, and all the rest have been.
Stop.
At some point a Legislative Body of Municipal Government SHALL through its collective power determine that the greater good is in the best interest of the Populice. Chrystal Eschert career has been ruined, her life's dream done, no amount of money brings that back. Hannan is Retiring whether under or force or not he is leaving and has had a good career obtaining what very few will ever reach a life's dream one may say. A good retirement. The citizens, fire department and community deserve the same closure as these two. Although not ideal justice will never be served no matter how long the battle rages. Council must start the healing of it all as the attorney works for them and they will. 1.5 million is not a great deal to put this to bed. Let's move past this chapter because until that happens no growth will occur no healing will take place and without the suffering continues. The Chrystal Eschert Case is not far from over it is over, get beyond it. The Dark Days of this time are in the rear view mirror. Get on board the future train all ye living in past passengers. Your reign is over. Council will do the right thing, because it's time to do the right thing. They are already ridding our city of wrong doers one at a time. I love Norfolk. Keep sending people here, we like the change. As a taxpayer I am sorry Chrystal for your struggle and only hope that the money will help you find a new dream. Chief thank you for your service.
In filing a motion with the judge for a new trial, it looks like the city has prepared its first step towards pursuing a path to the Appeals Court. Should this case carry through all possible appeals levels, it will most likely take over a decade before all litigation is completed and a "final" decision is reached.
Exoneree's lawsuit against city of Charlotte likely headed to trial http://www.wsoctv.com/news/local/man-exonerated-after-25-years-in-prison-sues-city-of-charlotte/552004753
City better find a new insurance company to cover these cases since settlement attempts they appear to not like.
They started losing on a regular basis and took settlements out of these types of cases when Mac Macarley went to Parker Poe. Come back Mac!!!
City running like CMS, a complete mess. Let's give people jobs that pay large amounts more then prior people. Let help family members get a job. But next breath we don't have any money and need more.
The time is now so let's get the right people elected to run things. Who we have in place are not getting it done and waste so much taxpayer funds. The Eschert case is a prime example of the stupidity we have running government. You had a fire chief the lied on tv and later admits. The man lost all credibility with the community. The leader of the Fire investigations group got nailed on city time for nailing a woman, not his wife. So my tax funds paid him to screw a married mans wife? He still is employed for being a lying cheat. The Fire Dept is nothing but Animal House on steroids. Again we need new blood and fresh leadership in Charlotte Government. First step is getting this Eschert case closed and moving forward. The time has past and it needs to end for Eschert, her family and the City to heal for the injustice they committed against her.
Shall we close the Eschert case without having the courts hear her motion/appeal for triple damages? --- NO.
Shall we close the Eschert case without having the courts hear the Eschert appeal/motion for payment of attorney fees? -- NO.
The Eschert case should be closed when BOTH SIDES have had ALL their legal motion/appeals handled -- and that includes any motions/appeals filed by the City of Charlotte. That is how the legal system works and the legal system should be allowed to function accordingly.
It's also supposed to function according to ethics where lawyers are not allowed to file frivolous motions where they have no good faith belief in what they're saying in the motion. In this case if the city lawyers know they are claiming facts that are lies, they are banned from filing. There's a difference between representation for your client and misrepresentation. Cedar, please fix the link to the filing if you can.
This is one of the reasons I'm moving my family out of Charlotte. I have kept up with the case and read up a great deal on the factual information. This young lady was clearly retaliated against and how the Charlotte leadership allowed it is beyond me. I'm all for my tax dollars being spent to right the wrong. But I do have a problem with how the city misrepresented this entire incident. Charlotte leadership has failed the citizens of Charlotte for sometime, this just became the icing on top. Then to try and comprehend how you are guilty of retaliation and have done nothing to publicly show the good faith to correct it. I have become disappointed in the new city manager as he had a chance to put this away. He has allowed the spending as well as our failed city council to continue, that I can not support. When council member Ed Driggs represents my district and has no voiced any public outrage is sad. But I noticed council member Claire Fallon and her honesty have lead from the start. Wake up Charlotte and to those they are tired of this follow my move over the line to South Carolina.
Well said July 9, 2017 at 1:39 PM.
Claire Fallon stood up on this one issue where she has a personal relationship with people involved. Great. And thanks. What about the other issues she won't stand up for? What about every other person who is responsible on that Council and in the Manager's office and in the Attorney's office and police department who are all responsible for stopping illegal conduct? They continue to act in bad faith. We continue to have bad 'leadership' and no accountability. How many federal lawsuits will it take to expose this pattern of burying illegal acts by City of Charlotte?
Maybe there should be a Ferguson commission to investigate here instead of Charlotte hiring some of their attorney buddies to write a report after Charlotte turns over ONLY the data Charlotte decides it wants to turn over. You know, a real investigation--with facts and evidence and stuff like that.
So i guess no bonuses for first line folks this year? I love how we get those performance checks when "we" meet our goals unless the city blows it all on lawsuits... then somehow we get nothing... Way to go Bob...
Bob gets paid no matter what, time for a change in the City Attorney office. I will agree someone with the state or even the Feds need to further look into Charlotte (Ferguson Commisson) But keep in mind a great deal was kept out of the public when it came to former Mayor Cannon. Anthony Foxx was dirtier and was protected, The Charlotte swap needs to be drained because its full of a lot of hidden issues.
8:41 I'm shocked. Shocked. When Mayor Cannon went to prison, all of our reporters and talking heads stated loudly they were shocked that something like this could happen here in Charlotte, the pristine land of no corruption, where crime is never reported or prosecuted--- I mean where crime never happens.
You must be thinking of a different Anthony Foxx. What did our other former Mayor ever do that's wrong? Don't you think the local news that helped get him elected with constant positive press before he was even a councilman would have exposed any problems? Just like they did with Monroe. We have a city full of ace investigative journalists and editors who care more about truth and journalism than the advertising dollars that keep them going and I'm ashamed for anyone who might think differently. Film at 11:00.
"Breaking" hashtag instajob
Retaliation continues today in the City. Anyone that stands up against wrongdoing is targeted. Eschert lawsuit didn't change anything it only gave a new reason to head hunt. Two months of pure hell for anyone that crosses or has crossed Hannan or Granger or their promoted henchmen (Gordon, garrison, Owens, Faulk, Hunter, Harding) all give away promotions that have attacked minorities when told to do so by Hannan. They continue to do so today. Investigations, time off, terminations intimidation at work. All with the full support of HR, a Legal Team and endless supply of taxpayer money. These things are the norm. Promote in your likeness.
Just got to laugh sometimes with how sad this whole issue is. It's been 9 weeks since Eshert trial ended and city was guilty of retaliation. Yet not one individual has been held accountable for it publicly. We know a few have quietly gone away or are going away. Hannan (retire) we could only assume voluntarily told to go. Brown with HR, Wall asst city manager. What about Granger and Wilkinson? The other deputy chief was smart and retirement was best to take a new job as Chief in Matthews. Maybe he can hire Hannan as his Deputy Chief. The old venomous snake needs something to further fuel his addiction.
The right thing would have been to put Hannan out ASAP to cut the poison and put a temp Chief in place. A great deal of screwing over people can happen before he is out. Hope the city manager was smart enough to cut off all promotions until a new Chief is in place. Charlotte Fire still has more poison that needs to be cut off before the real healing can happen. Deputy Chief that use to be over recruiting got more head at the airport lookout then prostitution can put out. Victimized recruits and staff to swallow his pride. He is trying to suck up to be the new Chief in his dreams with are way over blown
Agreed the former Recruiting/Training chief got no business being the chief. All he is is a Hannan clone. Go to the Airport overlook and put out or a drummed up lie and get out. All the kissing butt he's doing now can't erase his past.
Well Mecklenburg County Health Dept used a company to do a review. They have a lot similar with the Charlotte Fire Dept. Where is the leadership that we have to pay companies to show we have a problem. Then we do nothing to fix the problems. Let's just piss away more and more public funds for screwed up depts.
Hail Hannan, Hail Hannan, Hail Hannan wonder if he will retreat to his bunker. The regime will be changing hands and he can come out now. Literally come out....... smh
Welp Kenny Smith was a man of honor and earned a vote from this family today. I'm quite disappointed that Vi Lyles and Joel Ford were able to discuss this issue when trying to earn an endorsement. But today they didn't want to comment and well Jennifer Roberts, silent unless it's a vote. This is why as of today myself and my wife will be voting for Kenny Smith for Mayor of our beloved city. Anyone running against Ed Driggs, his silence along with a few others won't be getting our vote.
They are all failures as people and leaders, IMO, including Kenny Smith. Smith is just as fully-informed of criminal conduct within City he refuses to address, no matter how much damage it is doing, what violence has been committed or what potential for additional violence or the ultimate violence that has been threatened. He continues to support the cover up and threats, just like the rest of them.
Ride for the brand. You should be loyal to your department. This is not about blindly following without question but rather about showing respect for the organization. If you don’t agree with something your department is doing, work respectfully to change it instead of just complaining about it. Too often I’ve seen my department’s “dirty laundry” being aired on social media by its own members. It makes me wonder why they continue to belong to an organization they seemingly think so little of. You chose to become a part of this department. Now show it some respect and loyalty, and work constructively to improve what you perceive as shortcomings. Don't continue to be the problem, help to be the solution. I'm tired of the very few perceived 'squeaks' demanding oil. Some of the people complaining really need to look hard at themselves. They need to examine their past and present actions and how they conduct themselves at work. Maybe in there is the problem. You can be book smart and day dumb. Congratulations, you know how to read a book, but you can't apply what you've read in real life. It's like having a 500 horsepower Corvette, except the rear wheels are up on jack stands!
If the head of the dept was a fair and decent person that would work. He isn't so what do you do next. Loyalty to tyrants isn't loyalty its stupidity or fear.
Ride for the brand? How about report illegal stuff going on no matter who it is and behave like a decent person? That would solve the problems. Then nobody would have to fake anything
Fake...Fake News -
Oh, hell...lets contact Trump. I bet CNN is behind all this -
Building was in poor condition roof leaked other major code issues that's documented. Why did the city buy it for over $1,100,000?
The prior purchase price less than a year before was just over$700,00. Riddle me who was involved who made a few $$$$ on a flip?
It was the Russians...
I rode a bull once...and a tractor...and a few other things --
Vladimir Hannan was behind Linda Havery and Rinat Wilkinson had the support of Natalia Wilkinson to bring together the diabolical plot. Fortunately it was uncovered to be retaliation and brought down the diabolical leader of the red kool-aid. Now how many others will fall from the red kook-aid.
Go figure how the picture of crystals private facebook post indicated the time and device used to take it and then puzzle this??? How did Linda Havery get the same picture. She had no access to the private FB. It had to be forwarded to her. Amazing (?) that Wilkinson wife admitted she saw the post since she had friend access to it. More interesting is her phone was the same type the picture was taken with. But those in the CFD know he is scared that as mentioned in another post he an affair to worry about. Guess his nick name should be Paul (Judas) Wilkinson. Boy the Mafia has something to learn from the CFD GodFather. Glad he will be gone so we can take off the collar he put on us.
Interesting, who made money and was it split up so nobody can talk.
As someone who thinks a ton of illegal and other wrong crap has happened and is happening within the city, I'm kind of disgusted with your comment and ask you to stop being so lazy and accuse a person who was doing honest business. Why don't you take a minute and look it up?
It's a gentleman who registered his LLC there 16 years ago, invested, and sold to the City.
The referenced purchase price includes a combination of parcels for 1501 N. Graham, 1517 N. Graham and other vacant land which were combined together. One 'purchase' shows a zero $ price and the other shows the full amount. I'm sure someone in real estate will chime in whether this is common or good practice, but it seems this allowed for purchase of all the land and not a ton of profit after 16 years and taxes paid, plus possible improvements.
Why don't you put some real, named information here?
Stop screwing around with all of these veiled accusations and state exactly what's going on. It worked out pretty well for Crystal Eschert which is good for the City of Charlotte. I hope it works out as well for the other Firefighter who spoke up publicly already. I wish CMPD and City management would do the same.
Chief hit squad is doing his dirty work. Those who have seen him operate know he is posesed with love of power and wearing the uniform. A shrink would have a field day with him
"Taking a minute to look it up..." would be good advice also to Cedar Posts blogger --- that is, if you want to have the story reflect the correct spelling for Judge Whitney (not Whittney). If something as simple as the judge's name can't be checked first so it is correctly spelled, it can make one wonder how many other "facts" in the story weren't properly researched and may be incorrect
At above, seriously that's all you got to say? I'm sure you never have had a typing error from a phone or keypad.
Why don't you get a job with CFD they need a few more unqualified idiots. Like ones to pump the pumper for show and tell. Hannan may be in need of a roommate if you are interested, he like broke back mountain.
A typing error is something that happens to all of us....but when a name is incorrectly spelled multiple times in same article, it is not a "typo"---but poor research on the part of the author.
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