City settles two claims, gives up on Filner money
The San Diego City Council agreed this week to pay $450,000 to settle two personal injury claims and chose not to continue its pursuit of $48,000 in investigative costs related to the Bob Filner scandal.
The injury claims included $375,000 to Garrett and Pam Slavin, a couple injured in a 2013 car crash in Kearny Mesa, and $75,000 to Jose and Elba Rios, a couple who say they were injured in their home in 2012 by police officers responding to a domestic disturbance.
The Slavins suffered significant injuries, including bone fractures, when a Nissan sport-utility vehicle crashed into them while they were riding together on a Harley Davidson motorcycle near Walmart on Clairemont Mesa Boulevard.
They claimed the city was partly responsible because the roadway in front of the store was not properly striped, prompting the SUV to hit them while turning into the parking lot.
The Rios couple claimed that police officers Bruce Porterfield and Laura Smith injured them inside their home. Jose Rios claimed Porterfield violently pushed him down on a cement walkway, punched him multiple times and slammed the back of his head into the pavement. Elba Rios claimed Smith pushed and grabbed her.
In the matter related to former mayor Filner, the council chose not to appeal a lower court ruling that San Diego isn’t entitled to recovery of investigative costs from plaintiff Stacie McKenzie, one of several women who accused Filner of sexual harassment and filed suit against the city.
Filner Verdict
A jury in March awarded McKenzie no damages after concluding Filner’s harassment of her was neither serious nor pervasive. Because McKenzie rejected a $25,000 settlement offer before trial and continued to insist she should get $500,000, the city said it was legally entitled to seek cost reimbursement under California civil law.
A judge said, however, that the rule does not apply to cases brought under employment laws. The council voted 9-0 not to appeal.
A civil trial hasn’t yet begun for the last remaining Filner plaintiff, Marilyn McGaughy.
