Friday, November 30, 2012

Oops! YOU WIN... YOU LOSE $155,700,000.00!: Municipal Immunity Trumps Character Assassination

Charles Ware is a principal and founder in the national general practice law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors: "Still working. Still committed. Still here to make a difference."

Civil judgments are frequently reversed or reduced by civil judges. Take, for instance, the case of Kathryn Murphy.

Murphy, the former principal of a successful Florida Charter school, won a handsome but disputed $155,700,000.00 jury verdict against the city manager, Eric Soroka, in her school district for "destroying her reputation".

Unfortunately for her, however, plaintiff Murphy lost her courtroom victory just three (3) days after the monster verdict when the local trial judge reversed the entire $155.7 million award!

In the court's reasons for erasing the award the trial judge found/decided:
(1) the city defendant manager who fired her and allegedly "destroyed her reputation was entitled to absolute (municipal official) immunity as a matter of law because his actions were within the scope of his functions as city manner; and further, (2) Murphy was an at-will employee who could be terminated from her job for any reason.

[www.miamiherald.com/11-8-2012/ "Judge Strikes Down $155 Million Verdict In Aventura School Case"; eyeonmiami.blogspot.com/11-9-2012/ "Eye On Miami: That $155 Million Jury [Award] Reversed"; and see, Dr. Katherine Murphy vs. Aventura City of Excellence School, et al., Case No. 09-57209-CA-27, Circuit Court of the 11th Judicial Circuit In And For Miami-Dade County, Florida]

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