Settlement reached suddenly in Foley-Mansker case

Tag : plastic case
SAN DIEGO – A conditional settlement was reached Wednesdaymorning in a civil case involving former Chargers linebacker SteveFoley and the Coronado police officer who shot him nearly two yearsago.
The terms of the agreement are confidential.
After meeting with the attorneys in his chambers, San DiegoSuperior Court Judge Richard E. L. Strauss dismissed the jurors,who had been hearing testimony in the high-profile case since thetrial began June 19.
Before dismissing the jury, the judge said that as cases go, thishad been “one of the more interesting ones.”
“I think we were very satisfied with the presentation of thefacts and the resolution of the case,” said Harvey Levine,one of Foley's lawyers, outside the courtroom. Levine explainedthat Judge Lawrence Irving had been acting as a mediator in thecase and sat in on much of the trial.
“The parties at this point agreed to follow Judge Irving'srecommendations,” Levine said.
Norman Watkins, one of Coronado's lawyers, said it's “a goodthing” that the parties were able to resolve the case. Whenasked why a settlement was reached at this stage of the trial, hesaid: “It's just the right time.”
Foley was shot in the left knee and hip the morning of Sept. 3,2006, during a confrontation with off-duty Officer Aaron Manskernear the athlete's Poway home. Foley's injuries ended his career asa professional athlete.
He sued Mansker and the city of Coronado, contending that theofficer violated the tenets of his training and the policedepartment's policies and procedures when he tried to get Foley topull his car over.
Mansker testified he followed Foley, who was driving a customized1971 Oldsmobile Cutlass, from downtown San Diego to Poway becausedhe suspected him of drunken driving.
Foley pleaded guilty to misdemeanor drunken driving charges lastyear and was placed on five years' probation.
Mansker testified he identified himself as a police officerrepeatedly to Foley and his female companion during the incident,but never showed his badge. He said he shot the athlete during afinal confrontation on Travertine Court, when he saw Foley reachtoward his waistband.
Foley was not armed.
Foley was scheduled to testify Wednesday in court. It would havebeen the first time he has told his story in public.
Throughout most of the trial, Foley had remained stoic, sittingsilently in his seat in the courtroom next to his team ofattorneys. But he was noticeably upset Wednesday morning, beforethe jury was called in. He paced around the plaintiff's table,staring angrily at Mansker who was seated near the courtroom door.
Foley was asked to walk back to the judge's chambers with hisattorneys, but several minutes passed before he would comply. Somecoaxing from his mother, Betty, appeared to help.
“It's an important case to him,” said Jordan Cohen,another of Foley's lawyers. “A lot of facts came out in thetrial that hit nerves in him. His emotions are raw.
“He's had a lot at stake and he's had a lot taken fromhim.”
Foley did not speak to reporters after the settlement and left thecourtroom through a rear exit.
Randy McClellan, a 55-year-old Clairemont resident who served as analternate juror, said he believed Foley was wrongfully shot byMansker given the evidence he had heard so far.
“I believe the officer was way out of line,” McClellansaid. “I believe Mr. Foley should be compensated for what hewent through. It pretty much ended his career and he's a greatfootball player.”
During the trial, Foley's lawyers did not request a specific dollaramount in damages, but they did go over some numbers they saidcorresponded to Foley's past and future medical expenses and lostearnings.
McClellan recalled hearing the lawyers discuss $10 million figure,an amount he said would be a justified compensation.
“Considering what he was making as a football player, thatwould be reasonable,” he said.
Among the evidence that convinced McClellan in Foley's favor, wasdoctors' testimony about the injuries Foley suffered.
Foley “made a mistake by drinking and driving but he's paidfor that already and I think the officer was way out of line sothey should pay,” he said.
Earlier this week, Dr. James Chao, a San Diego plastic surgeon,told the jury he helped with Foley's treatment after the shooting.
Chao testified that Foley suffered severe swelling of muscles inhis lower left leg as a result of his wounds. To prevent furthertrauma – and the possibility of amputation – doctorsmade long incisions in the leg that were later repaired with skingrafts.
Chao said the surgeries were successful, but the former athletewill have significant physical “deficits” for the restof his life.
An orthopedic surgeon testified that the bullet wound to Foley'sleft knee damaged nerves that govern function of his left calf,ankle and foot. He said the injuries would likely prevent Foleyfrom being able to play professional football or even from workingas a position coach, because he wouldn't be able to demonstratetechniques to other players.
Two of Foley's former teammates – Igor Olshansky and LorenzoNeal – testified that Foley was a “student of thegame,” a hard worker and motivator for his fellow footballplayers.
“That's how you stay in this league as long as wehave,” said Neal, who played with Foley for the Chargers andthe Cincinnati Bengals. “Steve works hard off the field. Youcan't just go out there and turn it on.”