Firefighter’s attorney fees eclipse award

The city of San Diego is on the hook to pay at least $532,960 in attorney fees to the lawyer for four firefighters who won a judgment in 2009 after a jury determined they were sexually harassed during the 2007 Pride Parade in Hillcrest.

The jury awarded $34,300 to the firefighters who testified they were forced to operate a fire truck in the parade, despite their requests not to participate in it. The San Diego City Council voted in closed session to appeal the jury’s verdict because the trial judge ordered the city to pay the legal costs to attorney Charles LiMandri.

The 4th District Court of Appeal upheld the jury’s verdict on Oct. 14, 2010, and the city’s appeal ended Jan. 26, 2011, when the California Supreme Court declined the city’s petition to review the appeals court ruling.

“The verdict stands. The decision is final,” said LiMandri on Feb. 4.

Gina Coburn, the spokesperson for City Attorney Jan Goldsmith, also agreed Feb. 4, saying the city’s appeals are over with the state Supreme Court refusing to review the case.

LiMandri said he will be returning to the trial judge, San Diego Superior Court Judge Timothy Taylor, to bring additional legal appellate costs which could add to the $532,960 Taylor had already ordered the city to pay.

LiMandri estimated the additional costs could total $700,000. It is common for the losing party in a lawsuit to be ordered to pay for the other side’s legal bills. It is expected, however, for the city to argue against paying additional costs.

The firefighters, John Ghiotto, Chad Allison, Jason Hewitt and Alex Kane, still work as city firefighters “in good standing,” said LiMandri. “They get along fine with everybody,” he added.

“It is more important … to change the policy so that no one will be forced to participate in the future,” said LiMandri.

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