City asks judge to toss out Ellerbrook jury's verdict - KCBD NewsChannel 11 Lubbock

City asks judge to toss out Ellerbrook jury's verdict

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By James Clark | email

LUBBOCK, TX (KCBD) - The fight between City Hall and city employee Martha Ellerbrook is not over.  Last week the city filed a motion to throw out a mid-October jury verdict, or grant a new trial. 

A jury found that former Deputy City Manager Tom Adams retaliated against Ellerbrook when he hired someone else to be the city's Water Programs Coordinator.  She won a jury verdict of $243,000.  Ellerbrook claims Adams was getting back at her for helping her husband sue the city.  Adams denies the charge and resigned in 2009.

In court records the city says, "Given the state of the evidence, no reasonable jury could find that Adams knew Ellerbrook assisted her husband; and therefore, no reasonable jury could find that a causal connection existed between the assistance which Ellerbrook purportedly provided to her husband and Adam's decision to hire another."

If the judge refuses to grant the city's request, then attorneys for the city would have the option to appeal the verdict the 5th Circuit Court of Appeals.

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