A satisfaction of judgement and claims for attorney fees and expenses has been filed in a lawsuit involving Trenton resident Carolyn Garcia against the former Trenton Mayor Tim Whitaker, stating the final monies be disbursed as payment for judgement and legal fees.
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A satisfaction of judgement and claims for attorney fees and expenses has been filed in a lawsuit involving Trenton resident Carolyn Garcia against the former Trenton Mayor Tim Whitaker, stating the final monies be disbursed as payment for judgement and legal fees.
According to the document filed in the Western District Court of Missouri, Mrs. Garcia was paid $5,000 in actual damages and $20,000 in punitive damages, plus interest, as well as attorney fees and expenses totaling $131,000.63. City Clerk Cindy Simpson said that the city of Trenton was required to pay the $20,000 punitive damage claim as well as $190.20 in interest, a payment which was approved on a 6-1 vote by the council during an executive session on Dec. 8. Steve Perry voted no. The rest of the judgement and fees was paid by the city’s insurance carrier, MARCIT (Mid-America Regional Council Insurance Trust). Mrs. Simpson said the city’s check for $20,190.20 was written and mailed on Dec. 18.
The city will also be required to pay the insurance company deductible, which will be either $10,000 or $25,000, depending on which deductible figure is used. The city had a $10,000 deductible on its insurance when the lawsuit originally was filed, however, that figure has gone up to $25,000 since that time.
The lawsuit was defended by Randall Thompson, who is an attorney for Ensz and Jester and was hired by the insurance carrier for this case. His fees will be paid by MARCIT. Arthur Benson of Kansas City was the attorney for Mrs. Garcia.
The original lawsuit had Whitaker, Police Chief Bob Lewis and the city of Trenton as defendants, however, Lewis and the city were later dropped from the legal action. Mrs. Simpson confirmed that shortly after the lawsuit was filed, the council did agree to pay the legal fees and expenses for Whitaker as well as the other defendants involved.
A jury in February 2003 found in favor of Mrs. Garcia against Whitaker in the lawsuit, that accused Whitaker, Lewis and the city of Trenton of depriving her of due process and First Amendment rights, involving parking tickets issued to Mrs. Garcia by Trenton police. The judge in the case set aside the verdict, which Mrs Garcia appealed. The verdict was later reinstated by the appeals court in St. Louis.