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City's costs in Foley suit paid mostly by insurance


UNION-TRIBUNE STAFF WRITER

August 28, 2008

CORONADO – Insurance covered all but $100,000 of Coronado's $6.6 million in legal fees and other expenses to settle a lawsuit brought by former Chargers linebacker Steve Foley, who was shot by an off-duty officer.

The city incurred more than $1.1 million in total expenses to defend itself in the trial, according to information obtained by The San Diego Union-Tribune through a public records request.

Coronado agreed to pay a $5.5 million settlement to Foley, who was shot by Coronado police Officer Aaron Mansker after he suspected Foley of drunken driving and followed him to his Poway neighborhood two years ago. Foley's wounds ended his football career.

The city is self-insured up to $100,000 through an agreement with the San Diego Pooled Insurance Program Authority, which formed in 1986 to allow cities to jointly buy liability insurance.

Coronado is covered on claims up to $2 million, held by the insurance pool as reserves. The pool provides excess insurance with American International Group, a carrier that pays claims valued at more than $2 million and up to $35 million.

Foley v. City of Coronado facts

Coronado incurred more than $1.1 million in legal fees and other expenses, in addition to a $5.5 million settlement reached with former Chargers linebacker Steve Foley, after he sued the city.

The city paid $100,000, and its insurer, the San Diego Pooled Insurance Program Authority, paid the balance.

Foley was shot Sept. 3, 2006, by off-duty Coronado police Officer Aaron Mansker, who had suspected Foley of drunken driving and followed him to Poway.

Leslie Suelter, director of administrative services for Coronado, said the city is a founding member of the insurance pool and has contributed to it for 25 years. Most cities in the county are members.

“There will potentially be increases to the annual rates we pay,” said Suelter, estimating that it might be a double-digit increase felt by 2010.

Last year, the city paid a $306,000 contribution. This year's contribution, determined the year before, will be approximately $314,000.

Insurance officials were updated regularly about the Foley trial and were present in settlement negotiations, Suelter said.

Records show that the city began incurring costs around January 2007, with the bulk of costs coming before and during the trial. Coronado paid $870,421 to defense attorneys and in related costs; $184,135 in nonlegal expenses, such as consultants, expert witnesses and mediation; and $65,710 in special city attorney fees.

The city paid $68,579 to Los Angeles jury consultant Molly Murphy and $10,000 to mediating Judge Lawrence Irving, which was half his fee. Coronado also paid to put an out-of-town witness's dog in a kennel while she was in San Diego for the trial. The city hired forensic experts and a researcher in the performance of law enforcement officers under stress and a shooting-scene-reconstruction expert.

The city paid legal fees for numerous witness depositions, including those of several sheriff's deputies; Chargers players Shawne Merriman, Shaun Phillips and Kassim Osgood; and Chargers general manager A.J. Smith. The city also paid to subpoena Foley's phone records from Sprint.

The two-week civil trial ended July 2, the day Foley was scheduled to testify. In May 2007, Foley pleaded guilty to a misdemeanor drunken-driving charge and was placed on five years' probation.

Mansker was cleared of any criminal charges related to the shooting and remains on duty as a Coronado police officer.


Janine Zuniga: (619) 498-6636; janine.zuniga@uniontrib.com


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